Hyman Rosen wrote:
On 2/5/2010 3:51 PM, Alexander Terekhov wrote:
Did you check with the FSF/SFLC whether "manual is available on
paper in the box" covers online distribution of GPL'd binaries ala
http://www2.verizon.net/micro/actiontec/actiontec.asp
The online distribution of GPLed firmware by Verizon is accompanied
by source found at
<http://www22.verizon.com/ResidentialHelp/FiOSInternet/Networking/Troubleshooting/QuestionsOne/124346.htm>.
Verizon also makes source available through the offer of a physical
copy for no more than distribution costs ($10) listed on the same
page.
The manufacturers of the hardware also make source available at
<http://opensource.actiontec.com/>, and offer physical copies for $10
as well.
This satisfies the BusyBox rights holders, who therefore settled
their case against Verizon.
The plaintiffs didn't "settle" their case "with" Verizion -- they
VOLUNTARILY DISMISSED WITH PREDJUDICE to stop Verizon's attorney from
kicking the SFLC's pathetic ass all over the courtroom floor. It's
embarrassing as hell to have a federal judge dismiss your frivolous
copyright case for lack of standing because you have no registered
copyrights.
ROFL.
"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."; Techniques, Inc. v. Rohn, 592 F.Supp. 1195,
1197; 225 U.S.P.Q. 741 (S.D.N.Y. 1984).
ROFL.
Keep spinnin' Hyman -- it won't help -- but keep spinnin' anyway.
Sincerely,
RJack
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