From the Best Buy et. al. case

[RJack]

From the Erik Andersen vs. Best Buy et. al. Scheduling
Order entered Feb. 22, 2010 appearing on PACER as case no. 1:09-cv-10155-SAS




"Shira A. Scheindlin U.S.D.J.
...

2. A concise statement of the issues as they then appear;

Pending results of Defendants' investigations, Defendants
intend to show that the Plaintiff's have no damages, that
the Defendants did nothing actionable under copyright law, that
any alleged copying was not willful, that Plaintiffs are not
the proper parties, that the copyright held by Mr. Andersen
is not applicable, and that, since being put on notice of
the purported requirements of the general public license,
Defendants have endeavored to come into compliance with what
can only be described as a 'moving target'."



Sincerely,
RJack :)

[Hyman Rosen]

Defendants intend to show...

As usual in lawsuits, both plaintiffs and defendants make
maximal claims. That's normal lawyering. It doesn't mean
anything until a court agrees.

By the way, I was wondering why Best Buy was being sued.
It turns out that the Insignia brand is owned by them,
and an Insignia Blu-ray player comes with BusyBox.

[RJack]

It doesn't mean anything until a court agrees.

Huh? "IT DOESN'T MEAN ANYTHING UNTIL A COURT AGREES" ???????

ROFL

Some Free Softies insist that a requirement of a court ruling is
completely unnecessary and that plaintiffs' voluntary dismissals
are complete vindication and "victories" over the defendants.

This is in contrast to some GPL "trolls" whom claim only a court
review of the GPL will mean anything.

If there's anything I love, it's watching a Free Softy take both
sides of an issue and then argue vociferously with himself.

ROFL

By the way, I was wondering why Best Buy was being sued. It turns out
that the Insignia brand is owned by them, and an Insignia Blu-ray
player comes with BusyBox.

The Insignia Blue Ray Player was manufactured by the Funai Corp.
out of Osaka, Japan. Funai clones were marketed under Phillips,
Maganavox, Sylvania and other brand names.


Sincerely,
RJack :)

[Hyman Rosen]

Post by RJack

It doesn't mean anything until a court agrees.

Huh? "IT DOESN'T MEAN ANYTHING UNTIL A COURT AGREES" ???????

That's correct. Claims made by each side are their own
maximalist versions of what they would like the court
to say. The purpose of the trial is for the court to
sort out which claims are correct and which are not.
Making a claim does not make that claim true.

Post by RJack
Some Free Softies insist that a requirement of a court ruling is
completely unnecessary and that plaintiffs' voluntary dismissals
are complete vindication and "victories" over the defendants.

After the cases end, the defendants come into compliance
with the GPL. Since the cases were brought to bring about
compliance with the GPL, the plaintiffs are victorious.

Post by RJack
This is in contrast to some GPL "trolls" whom claim only a court
review of the GPL will mean anything.

As we have seen with CAFC and the JMRI case, it is useless to
expect that the anti-GPL cranks will ever regard court reviews
as meaningful when those reviews are contrary to their incorrect
notions.

Post by RJack
If there's anything I love, it's watching a Free Softy take both
sides of an issue and then argue vociferously with himself.

Silly RJack! The claims of either side mean nothing until they
are adjudicated. The actions of the sides mean a great deal. Its
the actions of the defendants, in complying with the GPL, that
signifies the victories of the plaintiffs.

Post by RJack

By the way, I was wondering why Best Buy was being sued. It turns out
that the Insignia brand is owned by them, and an Insignia Blu-ray
player comes with BusyBox.

The Insignia Blue Ray Player was manufactured by the Funai Corp.
out of Osaka, Japan. Funai clones were marketed under Phillips,
Maganavox, Sylvania and other brand names.

In which case I expect that a settlement will be announced, the
GPL sources will be made available on a Funai web site, and then
Terekhov will forever be pestering the newsgroup claiming that
Best Buy isn't in compliance because Best Buy isn't Funai.

[Alexander Terekhov]

Hyman Rosen wrote:
[...]

Post by Hyman Rosen

Post by RJack
The Insignia Blue Ray Player was manufactured by the Funai Corp.
out of Osaka, Japan. Funai clones were marketed under Phillips,
Maganavox, Sylvania and other brand names.

In which case I expect that a settlement will be announced, the
GPL sources will be made available on a Funai web site, and then

Yeah, right. On home page in Japanese...

Post by Hyman Rosen
Terekhov will forever be pestering the newsgroup claiming that
Best Buy isn't in compliance because Best Buy isn't Funai.

Yes, Hyman. Best Buy isn't Funai. Now Take your meds Hyman. Take your
meds.

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 <***@mail.com> 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 <***@mail.com> 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.)

[Alexander Terekhov]

Post by RJack
From the Erik Andersen vs. Best Buy et. al. Scheduling
Order entered Feb. 22, 2010 appearing on PACER as case no. 1:09-cv-10155-SAS
"Shira A. Scheindlin U.S.D.J.
...
2. A concise statement of the issues as they then appear;
Pending results of Defendants' investigations, Defendants
intend to show that the Plaintiff's have no damages, that
the Defendants did nothing actionable under copyright law, that
any alleged copying was not willful, that Plaintiffs are not
the proper parties, that the copyright held by Mr. Andersen
is not applicable, and that, since being put on notice of
the purported requirements of the general public license,
Defendants have endeavored to come into compliance with what
can only be described as a 'moving target'."

Translation: Defendants intend to bankrupt frivolous Plaintiffs with
lawyer fees and sanctions.

I also like the initial schedule:

Depositions of fact witnesses to be completed by 12/17/2010.

Initial disclosures by 3/8/2010.

The parties will serve initial requests for production of documents by
3/22/2010.

Initial expert reports due 2/11/2011. Rebuttal expert reports due
3/11/2011.

Each expert's deposition will be completed by 4/15/2011.

Fact discovery to be completed by 12/17/2010.

Expert discovery to be completed by 4/15/2011.

Final pre-trial conference: 1/6/2011 at 4:30.

Counsel for the parties have conferred and their present best estimate
of the length of trial is fifteen (15) days.

Certain Defendants contemplate that they may request a jury trial.

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 <***@mail.com> 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 <***@mail.com> 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.)

[RJack]

Post by Alexander Terekhov

From the Erik Andersen vs. Best Buy et. al. Scheduling Order
entered Feb. 22, 2010 appearing on PACER as case no.
1:09-cv-10155-SAS
"Shira A. Scheindlin U.S.D.J. ...
2. A concise statement of the issues as they then appear;
Pending results of Defendants' investigations, Defendants intend to
show that the Plaintiff's have no damages, that the Defendants did
nothing actionable under copyright law, that any alleged copying
was not willful, that Plaintiffs are not the proper parties, that
the copyright held by Mr. Andersen is not applicable, and that,
since being put on notice of the purported requirements of the
general public license, Defendants have endeavored to come into
compliance with what can only be described as a 'moving target'."

The part about what "... can only be described as a 'moving target'."
is legalese for "the plaintiffs have no idea what they are talking
about". From the context of the requests for expert testimony in the
Scheduling Order, it is obvious that the Defendants are asking for
the specific code that the plaintiffs claim is being infringed. The
plaintiffs can't identify the specific code *they own* that is subject
to the infringement claims that's the "moving target". The problem for
the SFLC isn't the immediate identity of the code -- they'll have time
for that later on. The problem is that Rule 12 motion practice is due to
begin on 15 March or soon thereafter.

Post by Alexander Terekhov
Translation: Defendants intend to bankrupt frivolous Plaintiffs with
lawyer fees and sanctions.
Depositions of fact witnesses to be completed by 12/17/2010.
Initial disclosures by 3/8/2010.
The parties will serve initial requests for production of documents
by 3/22/2010.
Initial expert reports due 2/11/2011. Rebuttal expert reports due
3/11/2011.
Each expert's deposition will be completed by 4/15/2011.
Fact discovery to be completed by 12/17/2010.
Expert discovery to be completed by 4/15/2011.
Final pre-trial conference: 1/6/2011 at 4:30.
Counsel for the parties have conferred and their present best
estimate of the length of trial is fifteen (15) days.
Certain Defendants contemplate that they may request a jury trial.

I'm betting fifty to one that the SFLC folds with voluntary dismissals
before 15 March when Answers to Complaint are due. Otherwise sundry
F.R.C.P. Rule 12 Motions to Dismiss will blacken the skies over the
S.D.N.Y. and the SFLC will be shown to be wearing "The Emperor's New
Clothes". ROFL.

The SFLC must quickly move to voluntarily dismiss and then begin
trumpeting that "Captain Moglen scared them out of the water!".

Sincerely,
RJack :)

[Hyman Rosen]

Post by RJack
I'm betting fifty to one that the SFLC folds with voluntary dismissals
before 15 March when Answers to Complaint are due.

And I'm betting that once the case ends, the defendants will
come into compliance with the GPL.

[Hyman Rosen]

Post by RJack
Defendants have endeavored to come into compliance with what
can only be described as a 'moving target'."

Translation: we can expect a settlement soon, and Best Buy
(or Funai) will make the GPLed sources available.

[Alexander Terekhov]

Post by Hyman Rosen

Post by RJack
Defendants have endeavored to come into compliance with what
can only be described as a 'moving target'."

Translation: we can expect a settlement soon, and Best Buy
(or Funai) will make the GPLed sources available.

Why not General Motors Corp. or GE Hyman? Sounds better to me than
Funai, no?

Man oh man, you're really a crackpot.

BTW, the distribution site at issue here is

http://www.insigniaproducts.com/products/dvd-players-recorders/NS-WBRDVD.html#supportTab

and other pages like that having nothing to do with Funai's web sites.

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 <***@mail.com> 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 <***@mail.com> 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.)

[Alexander Terekhov]

Best Buy squad arrived.

03/03/2010 56 NOTICE OF APPEARANCE by David Leichtman on behalf of Best
Buy Co., Inc. (Leichtman, David) (Entered: 03/03/2010)
03/03/2010 57 NOTICE OF APPEARANCE by Hillel Ira Parness on behalf of
Best Buy Co., Inc. (Parness, Hillel) (Entered: 03/03/2010)
03/03/2010 58 NOTICE OF APPEARANCE by Oren Dov Langer on behalf of Best
Buy Co., Inc. (Langer, Oren) (Entered: 03/03/2010)

http://www.rkmc.com/David-Leichtman.htm
http://www.rkmc.com/Hillel-I.-Parness.htm
http://www.rkmc.com/Oren-Langer.htm

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 <***@mail.com> 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 <***@mail.com> 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.)

[RJack]

Post by Alexander Terekhov
Best Buy squad arrived.
03/03/2010 56 NOTICE OF APPEARANCE by David Leichtman on behalf of Best
Buy Co., Inc. (Leichtman, David) (Entered: 03/03/2010)
03/03/2010 57 NOTICE OF APPEARANCE by Hillel Ira Parness on behalf of
Best Buy Co., Inc. (Parness, Hillel) (Entered: 03/03/2010)
03/03/2010 58 NOTICE OF APPEARANCE by Oren Dov Langer on behalf of Best
Buy Co., Inc. (Langer, Oren) (Entered: 03/03/2010)
http://www.rkmc.com/David-Leichtman.htm
http://www.rkmc.com/Hillel-I.-Parness.htm
http://www.rkmc.com/Oren-Langer.htm

Best Buy has retained the law firm Robins, Kaplan, Miller & Ciresi L.L.P.

"In less than two decades, our intellectual property practice has grown
from a small group of trial lawyers to a nationally recognized and
respected intellectual property trial group. In 2009, Law360 Litigation
Almanac ranked Robins, Kaplan, Miller & Ciresi L.L.P. in the top 5 list
of general practice firms with the largest IP practice in the United
States. Also in 2009, Law360 ranked the firm #3 on its list of firms
with the highest concentration of intellectual property practitioners.
In 2004, The American Lawyer named us the “IP Litigation Department of
the Year” for 2003, noting that our firm “hails from the heartland, but
goes for the jugular.”
http://www.rkmc.com/Intellectual_Property_Litigation.htm

Sincerely,
RJack :)

[Alexander Terekhov]

Judge Shira Scheindlin defies her own order.

"01/07/2010 19 STIPULATION AND ORDER EXTENDING TIME OF DEFENDANT GCI
TECHNOLOGIES CORPORATION TO RESPOND TO THE COMPLAINT, GCI Technologies
Corporation answer due 3/8/2010. No further extensions for this, or any
defendant in this action, will be granted. (Signed by Judge Shira A.
Scheindlin on 1/6/10) (cd) (Entered: 01/07/2010) "

**** No further extensions for this, or any defendant in this action,
will be granted. ****

v.

"03/05/2010 60 STIPULATED ORDER FOR EXTENSION OF TIME FOR DEFENDANT
SAMSUNG ELECTGRONICS AMERICA, INC. ("SAMSUNG") TO FILE ITS ANSWER, FOR
PLAINTIFFS AND SAMSUNG TO SERVE THEIR INITIAL DISCLOSURES AND TO MAKE
INITIAL DISCOVERY REQUESTS: Samsung shall file its answer in this cause
to March 22, 2010 from the current due date of 3/8/10. Plaintiffs and
defendant Samsung agree to extend the date for their exchange of initial
disclosures to 3/22/10 from the current due date of 3/22/10 and further
stipulate and agree to extend the date by two weeks to 4/5/10 for them
to make initial discovery requests of one anther. (Signed by Judge Shira
A. Scheindlin on 3/5/10) (dle) (Entered: 03/08/2010) "

Shame on Judge Shira Scheindlin.

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 <***@mail.com> 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 <***@mail.com> 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.)