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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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Context Please! | 221 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Corrections go here
Authored by: ilde on Wednesday, October 17 2012 @ 01:21 PM EDT
.

[ Reply to This | # ]

Twin Peaks v Red Hat - Twin Peaks Answers Red Hat Counterclaims ~mw
Authored by: tinkerghost on Wednesday, October 17 2012 @ 01:31 PM EDT
Given the number of times they claimed to have insufficient information, I would
say that Twin Peaks should have consulted a lawyer BEFORE trying to sell
something they didn't build in-house.

---
You patented WHAT?!?!?!

[ Reply to This | # ]

OT here
Authored by: SpaceLifeForm on Wednesday, October 17 2012 @ 01:32 PM EDT


---

You are being MICROattacked, from various angles, in a SOFT manner.

[ Reply to This | # ]

News Picks commentary here
Authored by: SpaceLifeForm on Wednesday, October 17 2012 @ 01:34 PM EDT


---

You are being MICROattacked, from various angles, in a SOFT manner.

[ Reply to This | # ]

Comes docs here
Authored by: SpaceLifeForm on Wednesday, October 17 2012 @ 01:35 PM EDT


---

You are being MICROattacked, from various angles, in a SOFT manner.

[ Reply to This | # ]

so they want negligence charges?
Authored by: designerfx on Wednesday, October 17 2012 @ 01:52 PM EDT
How far can willful blindness go? Isn't it expected that if
you sign the GPLv2 license and are a business that you should
understand it's terms?

[ Reply to This | # ]

Context Please!
Authored by: Anonymous on Wednesday, October 17 2012 @ 02:21 PM EDT
I've lost track of how many lawsuits Groklaw is reporting on
simultaneously.

Can you please remind us what the heck *this* case is about
at the beginning of the article? Just a link to a previous
article would be sufficient.

[ Reply to This | # ]

  • Context Please! - Authored by: Anonymous on Wednesday, October 17 2012 @ 03:00 PM EDT
Fair Use
Authored by: Anonymous on Wednesday, October 17 2012 @ 02:40 PM EDT
Twin Peaks must have been reading GL. They're claiming
Fair Use, De Minimis, and
>> 80. Red Hat’s copyright counterclaim is barred due to
> copyright invalidity to the extent that Red Hat claims rights
> to works that are functional,

83 is good too, We didn't steal it from Red Hat so they can't sue us,
and we're not telling who we stole it from...

[ Reply to This | # ]

Gypsies, Tramps and Thieves...
Authored by: Anonymous on Wednesday, October 17 2012 @ 02:41 PM EDT


Here's a link to his firm's website.Nick Mancuso

Here's his bio:
Nick S. Mancuso joined the Lanier Law Firm's Palo Alto office in 2010. He is a member of the firm's high-stakes intellectual property litigation group.

Nick is a graduate of The University of Oregon School of Law, where he concentrated on intellectual property law. He was also the Managing Editor of the Oregon Review of International Law and won, along with a partner, the school's Moot Court Negotiation Competition. Nick went on to successfully represent Oregon in a regional competition held in Edmonton, Alberta, Canada.

Prior to law school, Nick was a litigation paralegal at two large international law firms, where he provided outstanding litigation support for many high profile cases that eventually went to trial. Further, he administered and managed trial support for multiple patent cases tried in United States Federal District Courts, including the Northern District of California and the Eastern District of Texas.
There's more, but this is the important part. I suspect someone had a brainstorm, like the people at The SCO Group had. They saw this wonderful stuff, which they could make tons of money off, and decided to try and stake an ownership claim.

So they hire a high powered IP lawyer to attempt a heist.

Now this is all a guess, but it is consistent with the filing. Guess we'll have to wait to find out.

In the meantime, if your company uses anything from Twin Peaks, I'd plan an exit strategy. I don't think they will survive this.

Wayne
http://madhatter.ca

[ Reply to This | # ]

Independent Creation
Authored by: rsteinmetz70112 on Wednesday, October 17 2012 @ 03:14 PM EDT
Twin Peaks is also pleading Independent Creation which to me means they want Red
Hat to prove what they copied and from where. This could also get into
functional and other defenses as we go along.

It certainly will be interesting.

---
Rsteinmetz - IANAL therefore my opinions are illegal.

"I could be wrong now, but I don't think so."
Randy Newman - The Title Theme from Monk

[ Reply to This | # ]

Why on earth are they even bothering?
Authored by: Anonymous on Wednesday, October 17 2012 @ 06:06 PM EDT
They completely stuffed up. They shouldn't have tried it on.
They shouldn't have used GPL code. They should have disclosed
the code once they built upon GPL. Why are they bothering?
They've already lost comprehensively before starting. All
they are going to do is spend a lot of money with their
lawyers and lose. It's not as if they even have a snowball's
hope of winning this one.

[ Reply to This | # ]

hmm - So if you are not using the code via GPL2... are you illegally copying it?
Authored by: SilverWave on Wednesday, October 17 2012 @ 06:37 PM EDT
catch22 :-)

---
RMS: The 4 Freedoms
0 run the program for any purpose
1 study the source code and change it
2 make copies and distribute them
3 publish modified versions

[ Reply to This | # ]

Typical Boilerplate Answers
Authored by: Anonymous on Wednesday, October 17 2012 @ 11:57 PM EDT
Not sure there is much to see here. Looks like the typical
boilerplate reply to me without much in terms of specifics.

[ Reply to This | # ]

Twin Peaks v Red Hat - Twin Peaks Answers Red Hat Counterclaims ~mw
Authored by: mtew on Thursday, October 18 2012 @ 03:00 AM EDT
On of the famous Groklaw side by sides would make this clearer.

---
MTEW

[ Reply to This | # ]

The more often the GPL is upheld in court.....
Authored by: tiger99 on Thursday, October 18 2012 @ 08:25 AM EDT
..... the stronger it becomes. So let Twin Peaks waste money on their lawyers. The inevitable result will deter others. Eventually the attacks on the GPL will cease.

The battle is in any case moving to patents, and that battle will also be over relatively soon, as we have seen in the last few days that the patentability of software is attracting scrutiny, at last, in some of the right places.

The FOSS community, being more agile than certain monopolistic dinosaurs, should probably be looking ahead and trying to predict where the next form of attack will be coming, because come it surely will.

[ Reply to This | # ]

Twin Peaks: Can't Read?
Authored by: Anonymous on Thursday, October 18 2012 @ 01:20 PM EDT
I was a freshman in high school the first time I read the entire GPL (v2). I
read it all the way through, preamble to Ty Coon's signature, in under an hour.
I wanted to understand what I would be getting myself into before I created any
software under that license. I've since done the same with the GPLv3 and the
AGPLv3.

If I, as a 13 year old kid, could do my legal homework, then why can't Twin
Peaks' entire lawyer army do theirs?

[ Reply to This | # ]

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