Re: Dismissal with prejudice is normal

2008-06-20 Thread Ezekiel
"Rick" <[EMAIL PROTECTED]> wrote in message news:[EMAIL PROTECTED] > On Thu, 19 Jun 2008 18:28:44 +0200, Alexander Terekhov wrote: > >> Linonut wrote: >> [...] >>> Thanks, Tim, for doing the legwork needed to put rjack/Terekhov's >>> jeering into proper perspective. >> >> Here's an illustration o

A proper infringement pleading

2008-06-20 Thread rjack
To illustrate the deficiency of the SFLC's pleadings filed in all of the BusyBox suits, here is an excerpt from a properly pled infringement claim from SCO v. IBM: --- EIGHTH COUNTERCLAIM

Re: Dismissal with prejudice is normal

2008-06-20 Thread Tim Smith
In article <[EMAIL PROTECTED]>, rjack <[EMAIL PROTECTED]> wrote: > It is most plausible that the defendants simply said to the SFLC, > "Dismiss or we will file a Rule 12 Motion to Dismiss" and collect our > attorney fees and costs. Even an incompetent defense attorney would > know that the SFLC

Re: Dismissal with prejudice is normal

2008-06-20 Thread rjack
Tim Smith wrote: In article <[EMAIL PROTECTED]>, rjack <[EMAIL PROTECTED]> wrote: Note that 41(a)(1)(A)(i) and 41(a)(1)(A)(ii) are connected by "or", not "and". Do you have reason to believe this dismissal was not under 41(a)(1)(A)(i)? Since no mutual stipulations under 41(a)ii are to be f

Re: Dismissal with prejudice is normal

2008-06-20 Thread Tim Smith
In article <[EMAIL PROTECTED]>, Alexander Terekhov <[EMAIL PROTECTED]> wrote: > > What's the point? Verizon's subcontractor made the source available: > > What does that have to do with the lawsuit against Verizon? Actiontec is > not a party to that "settled" lawsuit to begin with. SFLC sued Ver

Re: Dismissal with prejudice is normal

2008-06-20 Thread David Kastrup
Alexander Terekhov <[EMAIL PROTECTED]> writes: > David Kastrup wrote: > [...] >> Well, actually the GPL most certainly is _not_ enforceable: it is a >> license, not a contract. You are free to ignore it. Unfortunately, >> [copyright] > > LOL. GNUtian dak admits that copyleft is not enforceable.

Re: Dismissal with prejudice is normal

2008-06-20 Thread Alexander Terekhov
Linonut wrote: [...] > Give it up, rjack. You can't even get the usage of "specific" correct. SFLC *specific* allegations regarding distribution of Busybox code aren't really "specific" in the legal (copyright infringement) sense because SFLC included qualification "and none of these distributio

Re: Dismissal with prejudice is normal

2008-06-20 Thread Alexander Terekhov
Tim Smith wrote: > > In article <[EMAIL PROTECTED]>, > Alexander Terekhov <[EMAIL PROTECTED]> wrote: > > > So? Why do you think it significant that no stipulation was filed? If > > > the prerequisites of 41(a)(1)(A)(i) were met, why would they not use > > > that section, and make the simpler,

Re: Dismissal with prejudice is normal

2008-06-20 Thread Tim Smith
In article <[EMAIL PROTECTED]>, Alexander Terekhov <[EMAIL PROTECTED]> wrote: > > So? Why do you think it significant that no stipulation was filed? If > > the prerequisites of 41(a)(1)(A)(i) were met, why would they not use > > that section, and make the simpler, smaller, filing? > > If they'v

Re: Dismissal with prejudice is normal

2008-06-20 Thread Alexander Terekhov
Tim Smith wrote: > > In article <[EMAIL PROTECTED]>, > rjack <[EMAIL PROTECTED]> wrote: > > > Note that 41(a)(1)(A)(i) and 41(a)(1)(A)(ii) are connected by "or", not > > > "and". Do you have reason to believe this dismissal was not under > > > 41(a)(1)(A)(i)? > > > > > > > > Since no mutual sti

Re: Dismissal with prejudice is normal

2008-06-20 Thread Tim Smith
In article <[EMAIL PROTECTED]>, rjack <[EMAIL PROTECTED]> wrote: > > Note that 41(a)(1)(A)(i) and 41(a)(1)(A)(ii) are connected by "or", not > > "and". Do you have reason to believe this dismissal was not under > > 41(a)(1)(A)(i)? > > > > > Since no mutual stipulations under 41(a)ii are to be

Re: Dismissal with prejudice is normal

2008-06-20 Thread Linonut
* rjack peremptorily fired off this memo: > Tim Smith wrote: >> Someone (I forget who) recently pointed out in one or both of these >> newsgroups that when SFLC and Verizon settled their recent lawsuit, >> the suit was dismissed with prejudice. What that means is that the >> matter is completely

Re: Dismissal with prejudice is normal

2008-06-20 Thread rjack
Tim Smith wrote: In article <[EMAIL PROTECTED]>, rjack <[EMAIL PROTECTED]> wrote: What do you find not equivalent about it? The first spells out in great detail what the settlement was between the parties, whereas the second does not, but I don't see how that is relevant. I don't recall offh

Re: Dismissal with prejudice is normal

2008-06-20 Thread Alexander Terekhov
Tim Smith wrote: [... GPL "settlement" and dismissal ...] There was no stipulation of settlement. See the docket at PACER. More evidence: http://blog.internetnews.com/skerner/2008/06/verizon-ceo-doesnt-know-about.html "Strigl looked at me with a blank face and asked me to repeat my question. H

Re: Dismissal with prejudice is normal

2008-06-20 Thread Alexander Terekhov
David Kastrup wrote: [...] > Well, actually the GPL most certainly is _not_ enforceable: it is a > license, not a contract. You are free to ignore it. Unfortunately, > [copyright] LOL. GNUtian dak admits that copyleft is not enforceable. As for "license, not a contract" GNUtian dak persistently