Alexander Terekhov wrote:
rjack wrote:
In the ongoing BusyBox GPL lawsuit with Verizon, the
plaintiffs Rob Landley and Erik Andersen
must identify the specific source code in which *they*
claim ownership as the original authors. Does anyone have
any idea which source code is actually the plaintiffs sole
original work? The BusyBox site http://www.busybox.net/
Aren't they supposed to have the copyight(s) registered prior to filing
the suit?
I've just checked http://www.copyright.gov/records and it doesn't seem
to have anything from Rob Landley and/or Erik Andersen.
Hmmm.
regards,
alexander.
--
"Plaintiffs’ copyrights are unique and valuable property whose market
value is impossible to assess"
-- SOFTWARE FREEDOM LAW CENTER, INC.
Yup.
From the United states Court of Appeals for the Second Circuit
where the suit is filed:
"It provides that “no action for infringement of the copyright in
any United States work shall be instituted until pre-registration
or registration of the copyright claim has been made in
accordance with this title.” 17 U.S.C. sec. 411(a); see also 17
U.S.C. sec. 501.1 Whether this requirement is jurisdictional is
not up for debate in this Circuit. On two recent occasions, we
have squarely held that it is."; In re Literary Works in
Electronic Databases Copyright Litigation; Nos. 05-5943-cv(L),
06-0223-cv(CON)(2d Cir. Nov. 29, 2007).
Ouuuuuch!!!! No jurisdiction -- automatic dismissal.
Sincerely,
Rjack :)
-- "Standing involves two distinct inquiries. First, an Article
III federal court must ask whether a plaintiff has suffered
sufficient injury to satisfy the "case or controversy"
requirement of Article III ... Second, if a plaintiff has
suffered sufficient injury to satisfy Article III, a federal
court must ask whether a statute has conferred "standing" on that
plaintiff."; Cetacean Community v. Bush, 386 F.3d 1169 (United
States Court of Appeals for the Ninth Circuit 2004) --
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