On 2/2/2011 9:47 AM, RJack wrote: Erik Andersen's application for injunction claims:
Plaintiff Erik Andersen “is the owner of the copyright of both the derivative and pre-existing work, the registration certificate relating to the derivative work in this circumstance will suffice to permit it to maintain an action for infringement based on defendants'infringement of the preexisting work.” Streetwise Maps, Inc. v. Vandam, Inc., 159 F.3D 739, 747 (2d Cir. 1998). See Melville Nimmer & David Nimmer, Nimmer on Copyright § 7.16[B][2] (1997) (copyright owners of derivative work that own pre-existing work should be able to pursue copyright infringement action against individuals infringing the pre-existing work, even when only derivative work registered). Andersen's original registration claim asserts: ***************************************** Title of Work: BusyBox, v.0.60.3 ... Limitation of copyright claim _________________________ Material excluded from this claim: Previous version of the program and computer program from other sources. New material included in claim: New and revised computer source by Erik Andersen ***************************************** Erik Andersen did NOT own the pre-existing work material EXCLUDED from the original registration claim for "BusyBox, v.0.60.3" which was entered as "Previous version of the program and computer program from other sources". See http://perens.com/blog/d/2009/12/15/23/ "The version 0.60.3 of BusyBox upon which Mr. Andersen claims copyright registration in the lawsuits is to a great extent my own work and that of other developers. I am not party to the registration. It is not at all clear that Mr. Andersen holds a majority interest in that work." -- Bruce Perens Therefore Streetwise Maps (supra) does not apply to the original registration of "BusyBox, v.0.60.3". See: http://openjurist.org/283/f3d/502/morris-v-business-concepts-inc-j-h Sincerely, RJack :) _______________________________________________ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss