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Re: Time to put up or shut up!


From: Alexander Terekhov
Subject: Re: Time to put up or shut up!
Date: Tue, 04 May 2010 16:16:36 -0000

Hyman Rosen wrote:
> 
> On 4/15/2010 6:26 PM, RJack wrote:
> > To institute the Best Buy et al suit, the plaintiff was required by
> > statute to identify the allegedly infringed work's registration:
> >
> > "§ 411 · Registration and civil infringement actions
> > (a) Except for an action brought for a violation of the rights of the
> > author under section 106A(a), and subject to the provisions of
> > subsection (b), no civil action for infringement of the copyright in any
> > United States work shall be instituted until preregistration or
> > registration of the copyright claim has been made in accordance
> > with this title."
> 
> It's amazing that you can quote the statute and still misread it
> so badly! The statute requires that the work be registered, not
> that the suit identify the registration.

"A complaint which fails to plead compliance with § 411(a) is defective
and subject to dismissal."; Techniques, Inc. v. Rohn, 592 F.Supp. 1195,
1197; 225 U.S.P.Q. 741 (S.D.N.Y. 1984).

regards,
alexander.

P.S. "Every computer program in the world, BusyBox included, exceeds the
originality standards required by copyright law."

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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