On 3/22/2011 7:43 AM, RJack wrote:
On 3/22/2011 6:51 AM, Alexander Terekhov wrote:
RJack wrote:
Best Buy Inc. has just filed a 28 page (available on PACER)
Memorandum of Law in Opposition to Plaintiff's Motion for
Preliminary Injunction.
Let the the fireworks begin!
SFLC's exciting reply:
http://www.terekhov.de/188.pdf
The SFLC claimed in it's Complaint against Best Buy Inc. that:
"On information and belief, each Defendant has distributed firmware –
embedded in electronic products or by itself that contains BusyBox or a
derivative work of BusyBox."
Next, in the Motion for Preliminary Injunction the SFLC claims:
"Further, version 1.2.1 is unquestionably a derivative work of version
0.60.3, as version 1.2.1 was indisputably based on and is substantially
similar to version 0.60.3, so Best Buy's distribution of version 1.2.1
is itself a violation of Andersen's exclusive right to make and
distribute derivative works of his registered copyright. 17 U.S.C. § 106
(2),(3)."
So... we see that Andersen's work unquestionably involves a "derivative
work" of the original BusyBox that was written by Bruce Perens...
*except* when pressed on Andersen's valid copyright registration, the
SFLC claims a few paragraphs later that:
"Not only did Andersen write from scratch a significant portion of the
code added between the time he left Lineo and the release of version
0.60.3, he is also entitled to a copyright for his direction and
organization of BusyBox's development because the Copyright Act protects
"a work formed by the collection and assembling of preexisting materials
or of data that are selected, coordinated, or arranged in such a way
that the resulting work as a whole constitutes an original work of
authorship ... ." 17 U.S.C. §§ 101, 103; Feist Pub'lns, Inc. v. Rural
Tel. Serv. Co., 499 U.S. 340, 362 (1991).
SURPRISE!!! SURPRISE!!! Andersen's registered work has now magically
morphed into a "collective work". Not only is the registered BusyBox
work a "moving target" -- it's moving at lightspeed.
If I were Erik Andersen I would be moving at light speed too -- Best Buy
Inc. is about to take a large bite out of his ass.
Sincerely,
RJack :)
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