Hyman Rosen wrote:
On 4/12/2010 10:37 AM, Alexander Terekhov wrote:

There is nothing to "get". If the court finds that it cannot act because defendants have infringed upon a non-registered version, the plaintiffs can simply register that version and refile the claim. We know this from the SimplexGrinnell court decision.

17 USC Sec. 506. Criminal offenses...
(e) False Representation. —
Any person who knowingly makes a false representation
of a material fact in the application for copyright
registration provided for by section 409, or in any
written statement filed in connection with the application,
shall be fined not more than $2,500.

"Perens claims that this lawsuit is being undertaken without his
consent, even though the version of BusyBox disputed in the lawsuit is
mostly his work - in other words, he holds the copyright. "First, I'd
like to point out that I'm not represented in these lawsuits, and that
the parties and the Software Freedom Law Center have never attempted to
contact me with regard to them," Perens says, "As far as I am aware, and
under advice of various attorneys, I still hold an interest in Busybox
through both content and compilation copyrights."

'Nuff said.

RJack :)
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