Hyman Rosen wrote: [...] > > Attorney sanctions for a non-pro litigants sounds quite reasonable to > > me. Don't you agree, Hyman? > > Only if they do it a bunch. Remember that Patry said > "... it is quite common to permit plaintiffs to amend > their complaint after they have received a registration." > and surely most of those complaints are filed by lawyers, so it seems > as if this sort of thing is not unusual and therefore should not be > subject to sanctions unless it's repeated after a court said not to > do it. > > The SFLC hasn't had to face this yet, since it settles its cases.
http://www.softwarefreedom.org/resources/2008/foss-primer.html "We at the Software Freedom Law Center are extremely fortunate because we get to provide legal assistance ^^^^^^^^^^^^^^^^ [...] Our intended audience for this Primer is any person interested in a basic understanding of the legal issues ^^^^^^^^^^^^ [...] This Primer provides a baseline of knowledge about those areas of the law, intending to support productive conversations between clients and lawyers about specific legal needs. ^^^^^^^^^^^ [...] You do not need to register to enforce your copyright." ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ I think that this piece of shit warrants Bar sanctions (up to disbarment) against SFLC "lawyers" listed responsible for that "legal assistance" document. Don't you agree, Hyman? ----- A Legal Issues Primer for Open Source and Free Software Projects 3 March 2008 Version 1.5.1 Richard Fontana Bradley M. Kuhn Eben Moglen Matthew Norwood Daniel B. Ravicher Karen Sandler James Vasile Aaron Williamson ----- "Registration of copyright in the work that is allegedly infringed is a jurisdictional requirement. 17 U.S.C. § 411. Techniques, Inc. v. Rohn, 592 F.Supp. 1195, 1197; 225 U.S.P.Q. 741 (S.D.N.Y. 1984)("Pursuant to 17 U.S.C. § 411(a) as well as its predecessor, § 13, it has been held repeatedly that ownership of a copyright registration is a jurisidictional prerequisite to an action for infringement. . . . A complaint which fails to plead compliance with § 411(a) is defective and subject to dismissal."); Grundberg v. The Upjohn Company, 137 F.R.D. 372, 382; 19 U.S.P.Q. 1590 (D. Ut. 1991). Lacking even an allegation of registration of copyright ... this Court is without subject matter jurisdiction. " regards, alexander. -- 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 gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss
