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Re: Settlements


From: Alexander Terekhov
Subject: Re: Settlements
Date: Fri, 26 Feb 2010 16:39:34 +0100

Hyman Rosen wrote:
> 
> On 2/26/2010 10:29 AM, Alexander Terekhov wrote:
> >
> > Hyman Rosen wrote:
> >>
> >> On 2/26/2010 10:07 AM, Alexander Terekhov wrote:
> >>> When was the last time that plaintiffs in a GPL case filed a
> >>> (confidential) settlement to the court to be rolled into a
> >>   >  court order?
> >>
> >> What for?
> >
> > This is done so that the court which was initially assigned the case may
> > retain jurisdiction over it. The court is then free to modify its order
> > as necessary to achieve justice in the case, and a party that breaches
> > the settlement may be held in contempt of court, rather than facing only
> > a civil claim for the breach. In cases where confidentiality is required
> > by the parties, the court order may refer to another document which is
> > not disclosed, but which may be revealed to prove a breach of the
> > settlement.
> >
> > End Quote.
> >
> > <http://en.wikipedia.org/wiki/Settlement_(litigation)>
> 
> Same source:

Uh moron Hyman.

<http://en.wikipedia.org/wiki/Settlement_(litigation)#United_States>


>      The settlement of the lawsuit defines legal requirements of the
>      parties, and is often put in force by an order of the court after
>      a joint stipulation  by the parties. In other situations (as where
>      the claims have been satisfied by the payment of a certain sum of
>      money) the plaintiff and defendant can simply file a notice that
>      the case has been dismissed.
> 
> After each one of the SFLC's cases have ended, the defendants have
> made the GPLed sources properly available. So despite the settlement
> agreements not being filed with the court, the SFLC has achieved its
> desired outcome.

Take your meds Hyman. Take your meds.

regards,
alexander.

P.S. "I'm insufficiently motivated to go set up a GNU/Linux system 
so that I can do the builds."

Hyman Rosen <address@hidden> The Silliest GPL 'Advocate'

P.P.S. "Of course correlation implies causation! Without this 
fundamental principle, no science would ever make any progress."

Hyman Rosen <address@hidden> The Silliest GPL 'Advocate'

--
http://gng.z505.com/index.htm 
(GNG is a derecursive recursive derecursion which pwns GNU since it can 
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards 
too, whereas GNU cannot.)


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