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Re: Software Fictional Licensing Center (SFLC) Files Another Roundof GPL


From: Tim Smith
Subject: Re: Software Fictional Licensing Center (SFLC) Files Another Roundof GPL Violation Lawsuits
Date: Thu, 19 Jun 2008 08:24:01 -0700
User-agent: MT-NewsWatcher/3.5.3b2 (PPC Mac OS X)

In article <address@hidden>,
 rjack <address@hidden> wrote:
> How does a plaintiff who voluntarily dismisses his lawsuit WITH
> PREJUDICE "win" a victory against a defendant?

Dismissal with prejudice is the normal end of most lawsuits that settle.
If D violates the terms of the settlement, P sues to enforce the 
settlement.  If D commits *new* violations of P's copyright, P sues for 
those violations.  That's a new suit covering a new cause of action, and 
is not affected by the dismissal with prejudice of the old suit, which 
was a different cause of action for a different alleged infringement.

-- 
--Tim Smith


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