Rjack wrote:
equate "dismissed with prejudice" with winning the requested relief
Of course not, because winning the requested relief isn't the goal of the suit. The goal of the suit is compliance with the GPL. However, since acceptance of the GPL is voluntary, the suit must be filed as a request for relief due to copyright violation, and as usual in any lawsuit the claims are made in a maximal fashion, just as the defenses are. > which is the measure by which victory is measured in a court of law. The measure of victory is whether stated goals are achieved. The stated goal of the FSF is always, before, during, and after the lawsuits, only compliance with the GPL.
Defendant Cisco told plaintiff FSF to dismiss WITH PREJUDICE or else -- and that's exactly what the plaintiff FSF did -- they turned tail and ran.
You show even less sense than usual, given that Linksys was already maintaining a GPLed sources webpage for their products. The complaint was because they were failing to maintain it in a timely fashion in proper correspondence with new products and versions. The dismissal, as always, was because the defendants agreed to comply with the GPL. Dismissal with prejudice is routine in settled cases. Here's a recent example: <http://imperialvalleynews.com/index.php?option=com_content&task=view&id=5222&Itemid=2> "Terminator Salvation" Lawsuit Dismissed With Prejudice After Settlement Reached Hollywood, California - Halcyon Co. co-CEOs Derek Anderson and Victor Kubicek and producer Moritz Borman announced today that Mr. Borman’s lawsuit against Halcyon has been dismissed with prejudice after the two sides amicably resolved all of the outstanding differences between them related to the upcoming film “Terminator Salvation.” Said Messrs. Borman, Anderson and Kubicek: “We are glad to have these issues behind us so we can focus on working with our filmmakers and our studio partners at Warner Bros and Sony Pictures to give Terminator fans the next amazing installment in this enduring series of films.” _______________________________________________ gnu-misc-discuss mailing list [email protected] http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss
