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Re: Justice draws nigh


From: David Kastrup
Subject: Re: Justice draws nigh
Date: Wed, 08 Dec 2010 15:55:18 -0000
User-agent: Gnus/5.13 (Gnus v5.13) Emacs/24.0.50 (gnu/linux)

Hyman Rosen <address@hidden> writes:

> On 5/12/2010 4:34 PM, David Kastrup wrote:
>> You have to have sufficient overlap.  But it would be pointless to
>> demand registration of some "exact version" when the defendant has
>> modified the original version. Of course the plaintiff can't register
>> the exact version resulting from the defendant's modifications.
>
> I don't believe that in the cases mounted by the SFLC the
> defendants distributed a version they themselves modified.

Yes, but it is not relevant for the argument to hold.  Of course the
court has an interest in doing no unnecessary work.  That's the point of
demanding registration in the first place.

But I should think that there is a limit to the amount of mostly
pointless exact version detective work they can demand from plaintiffs.

> SimplexGrinnel v. ISP considers some of these multi-version
> and derivative work registration issues,
> <http://scholar.google.com/scholar?q=SimplexGrinnell+LP+v.+Integrated+Systems+%26+Power,+Inc.&hl=en&as_sdt=2&as_vis=1&oi=scholart>
> but I'm no lawyer to try to figure out which way the court
> is going. Have at it if you want.

-- 
David Kastrup


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