Consider the suit: SOFTWARE FREEDOM CONSERVANCY, INC. and ERIK ANDERSEN v.BEST BUY CO., INC, et.al.
http://www.worldlawdirect.com/forum/copyright-trademark-patent/32809-copyright-lawsuit-16-companies-sued-software-freedom- law-center.html Here are relevant paragraphs from the SFLC-Andersen complaint: 20. Mr. Andersen is the author and developer of the BusyBox computer program, and the owner of copyrights in that computer program. BusyBox is a single computer program that comprises a set of computing tools and optimizes them for computers with limited resources, such as cell phones, PDAs, and other small, specialized electronic devices. BusyBox is extremely customizable, fast, and flexible, and, on information and belief, is used in countless products sold by many manufacturers all over the world. 31. Mr. Andersen is, and at all relevant times has been, a copyright owner under United States copyright law in the FOSS software program known as BusyBox. See, e.g., “BusyBox, v.0.60.3.”, Copyright Reg. No. TX0006869051 (10/2/2008). Plaintiff Software Freedom Conservancy is the corporate home for the BusyBox project and the designated copyright enforcement agent for Mr. Andersen with respect to BusyBox. Here is a link to the source code for BusyBox v.0.60.3: http://www.xs4all.nl/~lennartb/busybox-0.60.3.tar.bz2 Here is the copyright registration filed by Andersen: Type of Work: Computer File Registration Number / Date: TX0006869051 / 2008-10-02 Application Title: BusyBox, v.0.60.3. Title: BusyBox, v.0.60.3. Description: Print material. Copyright Claimant: Erik Andersen, 1971- . Date of Creation: 2002 Date of Publication: 2002-04-27 Authorship on Application: Erik Andersen, 1971- ; Domicile: United States; Citizenship: United States. Authorship: New and revised computer source code by Erik Andersen. Pre-existing Material: Previous version of the program and computer program code from other sources. Basis of Claim: New and revised computer source code by Erik Andersen. Copyright Note: C.O. correspondence. Names: Andersen, Erik, 1971- Inspection of the relevant facts of record listed above will reveal that Erik Andersen and the SFLC are promoting a criminal fraudulent copyright registration. See: 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. 1) The copyright registration clearly claims "BusyBox, v.0.60.3". 2) The Complaint para. 20 clearly states, "Mr. Andersen is the author and developer of the BusyBox computer program, and the owner of copyrights in that computer program. BusyBox is a single computer program". 3) The Complaint para. 31 clearly states, "Mr. Andersen is, and at all relevant times has been, a copyright owner under United States copyright law in the FOSS software program known as BusyBox". 4) A cursory examination of the source code files in the tarball busybox-0.60.3.tar.bz2 reveals multiple authors of the source code modules. 5) The conclusion that the the copyright registration statement by Erik Andersen: "Mr. Andersen is the author and developer of the BusyBox computer program, and the owner of copyrights in that computer program." comprises a knowingly false statement is inescapable. Sincerely, RJack _______________________________________________ gnu-misc-discuss mailing list [email protected] http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss
