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Re: SFLC stipulated dismissal of Comtrend without any settlement


From: David Kastrup
Subject: Re: SFLC stipulated dismissal of Comtrend without any settlement
Date: Tue, 04 May 2010 16:14:16 -0000
User-agent: Gnus/5.13 (Gnus v5.13) Emacs/23.1.92 (gnu/linux)

Alexander Terekhov <address@hidden> writes:

> David Kastrup wrote:
> [...]
>> Yup.  That's what makes the GPL relevant if you want to copy or
>> distribute when you have no other permission from the rights holder.
>
> "As a separate and distinct Twelfth Affirmative Defense and each
> claim for relief alleged therein, Defendant alleges that Plaintiffs’
> claim for copyright infringement is barred under at least the provisions
> of 17 U.S.C. § 109(a), as Defendant was licensed and any copies alleged
> to be infringing were, therefore, lawfully made. "

Nice try, but let's the court rule that this "twelfth" defense (quite
late in the stack) is not utter nonsense before getting all excited.

Of course, once a ruling is in (if defendents don't fold prior to that
and get into compliance) you'll start your "the judges must have been
drunk" bluster that does not stop when a higher court rules the same.

-- 
David Kastrup


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