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Re: The great BusyBox fraud continues


From: RJack
Subject: Re: The great BusyBox fraud continues
Date: Wed, 08 Dec 2010 15:56:24 -0000
User-agent: Thunderbird 2.0.0.24 (Windows/20100228)

RJack wrote:

The SFLC's PLAINTIFFS' MEMORANDUM OF LAW IN SUPPORT OF THEIR MOTION FOR DEFAULT JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY JUDGMENT AGAINST
 DEFENDANT WESTINGHOUSE DIGITAL ELECTRONICS, LLC states:

"4 The version of BusyBox distributed by Westinghouse is believed to be version v0.60.2. D. Kuhn ¶ 10; SMF ¶ 14. While Mr. Andersen owns copyright in portions of that version of BusyBox as well, the copyright registration here was for the next subsequent version of BusyBox, v0.60.3. D. Andersen ¶ 4; SMF ¶ 4. However, since Mr. Andersen “is the owner of the copyright of both the derivative and preexisting work, the registration certificate relating to the derivative work in this circumstance will suffice to permit it to maintain an action for infringement based on defendants' infringement
 of the preexisting work.” Streetwise Maps, Inc. v. Vandam, Inc., 159
F.3D 739, 747 (2d Cir. 1998). Thus, the registration for v0.60.3 constitutes registration for v0.60.2 as well."

The official source for v0.60.2 is here:

http://www.busybox.net/downloads/legacy/busybox-0.60.2.tar.gz

A grep of the source tree for v0.60.2 reflects Erik Andersen's name appears in the following files:

I found some more files in the source tree v0.60.2. mentioning Erik
Andersen where the original authors' licensed source code has been
claimed by Andersen and placed under the GPL. See:

"Mr. Andersen, his past employers and Mr. Landley appear to have removed
some of the copyright statements of other Busybox developers, and appear
to have altered license statements, in apparent violation of various
laws."  -- Bruce Perens.
http://perens.com/blog/d/2009/12/15/23/

How convenient that a default judgment could mask all the underlying
lies in this lawsuit.

RJack :)










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