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Re: Oh mighty mighty GPL


From: Alexander Terekhov
Subject: Re: Oh mighty mighty GPL
Date: Wed, 08 Dec 2010 16:03:21 -0000

RJack wrote:

...

Sent to

dleichtman@rkmc.com,
ejmcmahon@rkmc.com,
hiparness@rkmc.com,
ksimmons@sjslaw.com,
odlanger@rkmc.com,
jcreech@sjslaw.com,
seroberg-perez@rkmc.com,
kfleming@rennerotto.com,
syousuf@kanekessler.com,
david.yohai@weil.com,
david.yolkut@weil.com,
lmarvin@jonesday.com,
jroth@schiffhardin.com,
eugene.pak@dlapiper.com,
andy@kaverlaw.com,
andrew.deutsch@dlapiper.com,
mmervis@proskauer.com,
pzimmerman@mosessinger.com,
ovshentov@jonesday.com,
schincisan@jonesday.com

"Hi, I've just read 156-main.pdf on pacer. Others also read it. FYI (on
the net):

"One of the plaintiffs my ass. The President of the Software Freedom
Conservancy, Bradley M Kuhn, was(is) a fucking moron:

"The Copyright Act authorizes only two types of claimants to sue for
copyright infringement: (1) owners of copyrights, and (2) persons who
have been granted exclusive licenses by owners of copyrights.[Note 3]

[Note 3] ... We do not believe that the Copyright Act permits holders of
rights under copyrights to choose third parties to bring suits on their
behalf. While F.R.Civ.P. 17(a) ordinarily permits the real party in
interest to ratify a suit brought by another party, see Urrutia Aviation
Enterprises v. B.B. Burson & Associates, Inc., 406 F.2d 769, 770 (5th
Cir.1969); Clarkson Co. Ltd. v. Rockwell Int'l Corp., 441 F.Supp. 792
(N.D.Calif.1977), the Copyright Law is quite specific in stating that
only the "owner of an exclusive right under a copyright" may bring suit.
17 U.S.C. Sec.  501(b) (Supp. IV 1980)."; Eden Toys Inc v. Florelee
Undergarment Co Inc, 697 F.2d 27 (2nd Cir 1983)."

It is time for the lawyer folks to react properly. They are paid for it
after all.

regards,
alexander.

"Plaintiff Erik Andersen is a work-from-home father who has gifted 
to the world software underlying a significant body of consumer
electronics." ROFL
                     -- SFLC crooks Ravicher, Williamson, Spiegel
                
--
http://gng.z505.com/index.htm 
(GNG is a derecursive recursive derecursion which pwns GNU since it can 
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards 
too, whereas GNU cannot.)


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