Hyman Rosen wrote:
rjack wrote:
What is manifestly clear from case law is that once a copyright owner
repeatedly brings meritless claims that are not within the jurisdiction
> of the court, the court will assume that the purported copyright owner
> is filing frivolous, harassing actions subject to F.R.Civ.P. Rule 11
> sanctions.
It's a long hard slog before a court will assume that, though:
<http://www.gamepolitics.com/2008/06/04/florida-bar-wants-jack-thompson-disbarred-10-years-thompson-storms-out-hearing>
I would guess that a prerequisite would be for a court to
actually decide that the claims were frivolous, which is
difficult when the cases are settled before they get to
trial.
>I will anxiously await a courageous code grabber
who is willing to go all the way, and then we'll see.
I will anxiously await a courageous SFLC plaintiff who is willing to go all the
way and then we'll see. It's not the defendants who are dismissing their
complaints under FRCP 41... it the SFLC's Monsoon plaintiffs.
Falsely labeling the defendants as "code grabbers" and attempting to shift the
burden of proof to the defendants isn't very clever and fools no one.
If the SFLC is actually settling these frivolous actions as their self-serving
blog statements claim, then let them present their evidence. It's put-up or
shut-up time for the SFLC. It is their burden of proof.
Just one example of a federal court enforcing the terms of the GPL would end all
the legal debates and the SFLC wouldn't "be forced" to mindlessly file
repetitive suits. Remember it's *not* the defendants who are voluntarily
dismissing these actions.
Of course if the GPL fails... so do all those lucrative SFLC attorney salaries
being paid out of charitable contributions. Could it be that Eben Moglen knows
there's a sucker born every minute? What better way to ride the gravy train than
to keep the GPL in legal limbo?
When the GPL finally falls in court I can hear all those SFLC charitable
contributors rationalizing "Eben tried valiantly". The real art of conning a
sucker is making him feel grateful that he got screwed. Good luck Hyman!
Sincerely,
Rjack
"Facts are stubborn things; and whatever may be our wishes, our inclinations, or
the dictates of our passion, they cannot alter the state of facts and evidence."
-- John Adams, 'Argument in Defense of the Soldiers in the Boston Massacre
Trials,' December 1770
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