Hyman Rosen wrote: > > On 3/9/2010 5:51 PM, Alexander Terekhov wrote: > > The CAFC vacated, not reversed. Accordingly, on remand, the district > > court determined that the injunction shall be denied on other grounds as > > well. > > The District Court said:
http://jmri.org/k/docket/284.pdf "The Federal Circuit courts list of potential harms that a copyright holder may face in the open source field are just that potential harms. There is no showing on the record before this Court that Jacobsen has actually suffered any of these potential harms. The standard under Winter requires that Jacobsen demonstrate, by the introduction of admissible evidence and with a clear likelihood of success that the harm is real, imminent and significant, not just speculative or potential. 129 S. Ct. at 374. Jacobsen has failed to proffer any evidence of any specific and actual harm suffered as a result of the alleged copyright infringement and he has failed to demonstrate that there is any continuing or ongoing conduct that indicates future harm is imminent.3 Because Jacobsen fails to meet the burden of presenting evidence of actual injury to support his claims of irreparable injury and speculative losses, the Court cannot, on this record, grant a preliminary injunction. See Goldies Bookstore, Inc. v. Superior Court, 739 F.2d 466, 472 (9th Cir. 1984) (holding that speculative harm is insufficient to establish irreparable harm)." Jacobsen appealed the ruling (filed second appeal to CAFC). That appeal was dissmissed recently. http://jmri.org/k/docket/405.pdf 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
