"the alleged license at issue in this case and/or certain provisions contained therein are illegal, unconscionable and barred by public policy as well as by statutory and case law."
Exactly. "FOURTH AFFIRMATIVE DEFENSE (INDISPENSABLE PARTIES) On information and belief, Defendant alleges that Plaintiffs claims are barred because there are indispensable parties that have not been joined in this lawsuit, including the other authors and/or owners of the alleged copyright at issue. FIFTH AFFIRMATIVE DEFENSE (UNCLEAN HANDS) On information and belief, Defendant alleges that Plaintiffs claims are barred by the doctrine of unclean hands. SIXTH AFFIRMATIVE DEFENSE (NO STATUTORY DAMAGES) On information and belief, Defendant alleges that Plaintiffs claims for statutory damages are barred because they did not obtain a valid copyright registration prior to the beginning of the alleged infringement and has otherwise not complied with the statutory prerequisites for such an award. SEVENTH AFFIRMATIVE DEFENSE (STATUTE OF LIMITATIONS) On information and belief, Defendant alleges that Plaintiffs claims are barred by the applicable statute of limitations. EIGHTH AFFIRMATIVE DEFENSE (LACHES) On information and belief, Defendant alleges that Plaintiffs claims are barred by the doctrine of laches. 807159v2 012659.0101 10 NINTH AFFIRMATIVE DEFENSE (WAIVER) On information and belief, Defendant alleges that Plaintiffs claims are barred by the doctrine of waiver. TENTH AFFIRMATIVE DEFENSE (ESTOPPEL) On information and belief, Defendant alleges that Plaintiffs claims are barred by the doctrine of estoppel. ELEVENTH AFFIRMATIVE DEFENSE (ACQUIESCENCE) On information and belief, Defendant alleges that Plaintiffs claims are barred by the doctrine of acquiescence. TWELFTH AFFIRMATIVE DEFENSE (CONSENT) On information and belief, Defendant alleges that Plaintiffs claims are barred by the doctrine of consent. THIRTEENTH AFFIRMATIVE DEFENSE (COSTS AND ATTORNEYS FEES) On information and belief, Defendant alleges that Plaintiffs prayer for costs and attorneys fees is barred because Plaintiffs do not meet the statutory prerequisites of the Copyright Act for such an award and cannot prove the requisite state of mind or culpability on the part of Defendant. 807159v2 012659.0101 11 FOURTEENTH AFFIRMATIVE DEFENSE (MATERIAL BREACH) On information and belief, Defendant alleges that Plaintiffs claims are barred because any and all obligations Defendant may have had under the alleged license agreement at issue in this case were excused by the material breaches of the agreement by Plaintiffs. FIFTEENTH AFFIRMATIVE DEFENSE (ILLEGAL, UNCONSCIONABLE AND CONTRARY TO PUBLIC POLICY) On information and belief, Defendant alleges that Plaintiffs claims are barred, limited and/or excluded on the grounds that the alleged license at issue in this case and/or certain provisions contained therein are illegal, unconscionable and barred by public policy as well as by statutory and case law. SIXTEENTH AFFIRMATIVE DEFENSE (LACK AND/OR FAILURE OF CONSIDERATION) On information and belief, Defendant alleges that Plaintiffs claims are barred because Defendants performance of any obligations with respect to the alleged license at issue in this action have been excused by lack and/or material failure of consideration on the part of Plaintiffs with respect to that license. SEVENTEENTH AFFIRMATIVE DEFENSE (RESERVATION OF RIGHT TO ASSERT ADDITIONAL AFFIRMATIVE DEFENSES) Defendant has insufficient knowledge or information upon which to form a belief as to whether Defendant may have additional and yet unstated affirmative defenses available. Defendant reserves its right to amend this answer and assert additional affirmative defenses as warranted by discovery and further investigation to which other affirmative defenses may apply." regards, alexander. P.S. "I'm insufficiently motivated to go set up a GNU/Linux system so that I can do the builds." Hyman Rosen <[email protected]> The Silliest GPL 'Advocate' P.P.S. "Of course correlation implies causation! Without this fundamental principle, no science would ever make any progress." Hyman Rosen <[email protected]> The Silliest GPL 'Advocate' -- 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.) _______________________________________________ gnu-misc-discuss mailing list [email protected] http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss
