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Re: Problem with GPLv3 FAQ about linking with Visual C++


From: RJack
Subject: Re: Problem with GPLv3 FAQ about linking with Visual C++
Date: Mon, 08 Feb 2010 13:40:51 -0500
User-agent: Thunderbird 2.0.0.23 (Windows/20090812)

John Hasler wrote:
Hyman Rosen writes:
Lawsuits are not graded on style points, they are judged by outcomes.

But there have been no lawsuits, just out of court settlements in favor of the plaintiffs.

As to registration, look at this: <http://www.gonzagaip.org/blog/?p=149> among others. While you clearly need either a registration application or a refusal before going to trial, it is not at all clear that one is required before filing. If the court does insist on one (which it will only do if the defendant brings it up) and you don't have it when you file your case will merely be dismissed without prejudice and with instructions
 to refile after you get it.

It is also not clear to me that the complaint must mention the registration status of the work.

Per your link:

"A circuit split has developed as to whether the prospective litigant
must have a registration in hand before filing a lawsuit or merely
applied for the registration."

United States Court of Appeals for the Second Circuit where the SFLC
files its lawsuits has ruled in 2007 in In re Literary Works in
Electronic Databases Copyright Litigation, 509 F.3d 116 (2d Cir. 2007
cert. granted Mar 2009), "Whether this requirement is jurisdictional is
not up for debate in this Circuit. On two recent occasions, we have
squarely held that it is."

The Verizon suit was settled in Mar. 2008 before Section 411 was amended
by Congress in Oct. 2008. The old sec. 411 requirements will apply to
all actions settled prior to Oct. 2008.

I personally hope the pending suit in Erik Andersen v. Best Buy et.al.
is heard by the court. Erik Andersen filed a fraudulent registration
application with the Copyright Office claiming ownership of  busybox-0.60.3

Just ask Bruce Perens and about twenty other BusyBox developers:


***********************************************************************
The contents of the AUTHORS file in tarball busybox-0.60.3.tar.bz2:

List of the authors of code contained in BusyBox.

If you have code in BusyBox, you should be listed here.  If you should
be listed, or the description of what you have done needs more detail,
or is incorect, _please_ let me know.

 -Erik

-----------

Erik Andersen <address@hidden>, <address@hidden>
    Tons of new stuff, major rewrite of most of the
    core apps, tons of new apps as noted in header files.

Edward Betts <address@hidden>
    expr, hostid, logname, tty, wc, whoami, yes

John Beppu <address@hidden>
    du, head, nslookup, sort, tee, uniq

Brian Candler <address@hidden>
    tiny-ls(ls)

Randolph Chung <address@hidden>
    fbset, ping, hostname, and mkfifo

Dave Cinege <address@hidden>
    more(v2), makedevs, dutmp, modularization, auto links file,
    various fixes, Linux Router Project maintenance

Magnus Damm <address@hidden>
    tftp client
    insmod powerpc support

Larry Doolittle <address@hidden>
    pristine source directory compilation, lots of patches and fixes.

Gennady Feldman <address@hidden>
    Sysklogd (single threaded syslogd, IPC Circular buffer support,
    logread), various fixes.

Karl M. Hegbloom <address@hidden>
    cp_mv.c, the test suite, various fixes to utility.c, &c.

Daniel Jacobowitz <address@hidden>
    mktemp.c

Matt Kraai <address@hidden>
    documentation, bugfixes, test suite

John Lombardo <address@hidden>
    dirname, tr

Glenn McGrath <address@hidden>
    ar, dpkg, dpkg-deb

Vladimir Oleynik <address@hidden>
    cmdedit; ports: ash, stty, traceroute; locale, various fixes
    and irreconcilable critic of everything not perfect.

Bruce Perens <address@hidden>
    Original author of BusyBox. His code is still in many apps.

Tim Riker <address@hidden>
    bug fixes, member of fan club

Kent Robotti <address@hidden>
    reset, tons and tons of bug reports and patchs.

Chip Rosenthal <address@hidden>, <address@hidden>
    wget - Contributed by permission of Covad Communications

Pavel Roskin <address@hidden>
    Lots of bugs fixes and patches.

Gyepi Sam <address@hidden>
    Remote logging feature for syslogd

Linus Torvalds <address@hidden>
    mkswap, fsck.minix, mkfs.minix

Mark Whitley <address@hidden>
    grep, sed, cut, xargs, style-guide, new-applet-HOWTO, bug fixes, etc.

Charles P. Wright <address@hidden>
    gzip, mini-netcat(nc)

Enrique Zanardi <address@hidden>
    tarcat (since removed), loadkmap, various fixes, Debian maintenance

Emanuele Aina <address@hidden>
    run-parts

Sincerely,
RJack













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