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Re: Shoplifting, concealment, liability presumption


From: Alexander Terekhov
Subject: Re: Shoplifting, concealment, liability presumption
Date: Tue, 04 May 2010 16:08:10 -0000

Hyman Rosen wrote:
> 
> On 3/9/2010 5:51 PM, Alexander Terekhov wrote:
> > The CAFC vacated, not reversed. Accordingly, on remand, the district
> > court determined that the injunction shall be denied on other grounds as
> > well.
> 
> The District Court said:

http://jmri.org/k/docket/284.pdf

"The Federal Circuit court’s list of potential harms that a copyright
holder may face in the open source field are just that – potential
harms. There is no showing on the record before this Court that Jacobsen
has actually suffered any of these potential harms. The standard under
Winter requires that Jacobsen demonstrate, by the introduction of
admissible evidence and with a clear likelihood of success that the harm
is real, imminent and significant, not just speculative or potential.
129 S. Ct. at 374. Jacobsen has failed to proffer any evidence of any
specific and actual harm suffered as a result of the alleged copyright
infringement and he has failed to demonstrate that there is any
continuing or ongoing conduct that indicates future harm is imminent.3
Because Jacobsen fails to meet the burden of presenting evidence of
actual injury to support his claims of irreparable injury and
speculative losses, the Court cannot, on this record, grant a
preliminary injunction. See Goldie’s Bookstore, Inc. v. Superior Court,
739 F.2d 466, 472 (9th Cir. 1984) (holding that speculative harm is
insufficient to establish irreparable harm)."

Jacobsen appealed the ruling (filed second appeal to CAFC).

That appeal was dissmissed recently.

http://jmri.org/k/docket/405.pdf

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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