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Re: Copyright Misuse Doctrine in Apple v. Psystar


From: Rahul Dhesi
Subject: Re: Copyright Misuse Doctrine in Apple v. Psystar
Date: Fri, 27 Feb 2009 19:49:39 +0000 (UTC)
User-agent: nn/6.7.0

Rjack <address@hidden> writes:

>> A dismissal with prejudice just means you can't refile for a 
>> violation that has already occurred.  You can always refile for 
>> violations occuring after that.
>> 
>> Rjack, how come you don't cite cases when amicus_curious gets the
>>  law wrong?

>OK Rahul. Here's your case from the United States Supreme Court:

>"See also 18 Wright & Miller § 4435, at 329, n. 4 ("Both parts of
>Rule 41 ... use the phrase 'without prejudice' as a contrast to
>adjudication on the merits"); 9 id., § 2373, at 396, n. 4 (" '[W]ith
>prejudice' is an acceptable form of shorthand for 'an adjudication
>upon the merits"')".;SEMTEK INT’L INC. V. LOCKHEED MARTIN CORP. 531
>U.S. 497 (2001) http://www.law.cornell.edu/supct/pdf/99-1551P.ZO

Well, at least you included a URL (PDF though it is). But this is not
about the scope of a dismissal "with prejudice".  What's the scope of a
dismissal with prejudice? Does it apply to future violations as well?

To clarify, suppose somebody hits you, and you sue him, and he succeeds
in persuading you to dismiss with prejudice. Does this now give that
person a lifetime license to hit you any time he wishes? Citations would
be great!
-- 
Rahul
http://rahul.rahul.net/


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