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Re: Commercial Invocation

From: rjack
Subject: Re: Commercial Invocation
Date: Fri, 25 Jan 2008 14:16:45 -0500
User-agent: Thunderbird (Windows/20071031)

Alexander Terekhov wrote:
rjack wrote:
property sharing. At that point it's Federal Court lawsuit time.
Before you launch your product set aside sufficient money for
attorney fees to defend against his silly-assed ideologically
based claims.

Just FYI: Katzen et al. managed to get some fees back:

"the Court hereby GRANTS Defendants’ motions to dismiss, DENIES Defendants’ motion to bifurcate without prejudice, GRANTS Defendants’ special motions to strike, and AWARDS attorneys’ fees in the amount of $14,486.68 for Defendants Katzer and KAM and
$16,976.25 for Defendant Russell."


"Because of their informal and diffuse nature, open source groups are vulnerable to theft of their intellectual property. That theft, in the form of copyright infringement, happened in this case, and Jacobsen sought a preliminary injunction to enjoin Katzer and KAMIND's infringement."


In the BusyBox suit against Verizon, plaintiffs Anderson and Landley could easily cough up $50,000 - $150,000 or more for Verizon's attorney fees just for preliminary motions.

If Verizon's attorneys drag out the suit by filing a formal Answer to Complaint and begin discovery in lieu of a simple Rule 12 Motion to Dismiss, they can really run up the attorney fee hours. The plaintiffs have no legal standing to complain about "all third parties" not receiving source code. You can bet Verizon's attorneys know that fact -- so burn up the hours -- that's often how the game is played when the prevailing party is awarded attorney fees (as in copyright infringement actions).

Rjack :)

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