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Re: Justice draws nigh


From: Hyman Rosen
Subject: Re: Justice draws nigh
Date: Wed, 08 Dec 2010 15:55:16 -0000
User-agent: Mozilla/5.0 (Windows; U; Windows NT 5.1; en-US; rv:1.9.1.5) Gecko/20091204 Thunderbird/3.0

On 5/12/2010 4:34 PM, David Kastrup wrote:
You have to have sufficient overlap.  But it would be pointless to
demand registration of some "exact version" when the defendant has
modified the original version. Of course the plaintiff can't register
the exact version resulting from the defendant's modifications.

I don't believe that in the cases mounted by the SFLC the
defendants distributed a version they themselves modified.
SimplexGrinnel v. ISP considers some of these multi-version
and derivative work registration issues,
<http://scholar.google.com/scholar?q=SimplexGrinnell+LP+v.+Integrated+Systems+%26+Power,+Inc.&hl=en&as_sdt=2&as_vis=1&oi=scholart>
but I'm no lawyer to try to figure out which way the court
is going. Have at it if you want.


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