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Re: JMRI case -- Implementation of the Federal Circuit's Opinion


From: Hyman Rosen
Subject: Re: JMRI case -- Implementation of the Federal Circuit's Opinion
Date: Fri, 31 Jul 2009 14:22:39 -0400
User-agent: Thunderbird 2.0.0.22 (Windows/20090605)

Alexander Terekhov wrote:
And that allegedly severed "legal relationship" being what
> exactly, to begin with?

The extra permissions granted to them by the copyright
holder, above those allowed by copyright law.

What makes you/SFLC think that those other "licensees" *never*
> become aware of their rights?

If a distributor illegally distributes the copyrighted
work to users, and does not track who those users are,
it is possible they would never become aware of their
extra permissions. Since these extra permissions are the
main reason for the copyright holder distributing his
work in this manner, he suffers irreparable and immediate
harm.

The alleged violator is free to argue that the other party
will not prevail in his case, or that he is keeping records,
etc., and so not be subject to preliminary injunction. The
amicus brief states the general case, as is appropriate.


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