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LGPLLGPLPosted Nov 24, 2005 8:49 UTC (Thu) by Wol (guest, #4433)In reply to: LGPL by Duncan Parent article: Sony's rootkit: an update
Bear in mind, that the clock doesn't start ticking when the copyright holder notifies the infringer, it starts ticking when the copyright holder discovers the infringement.
So the netfilter guy HAS to contact the infringer, and threaten to sue them (and carry out that threat if necessary), or he loses his right to sue.
I think that on the few occasions it has gone to court, both sides have agreed to ask the judge "please toll this, we're still negotiating". ("toll"ing being "stopping the clock", thanks for the education, PJ.)
Cheers,
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LGPL Posted Nov 24, 2005 16:51 UTC (Thu) by Duncan (guest, #6647) [Link] Thanks. I didn't remember precisely when the clock started. If it's atdiscovery... However, depending on how discovery is handled, despite what the law says, it wouldn't /have/ to start at discovery. For the clock to matter at that point, there'd have to be some evidence of when discovery happened. As long as one does their investigation quietly and doesn't mention what they've discovered right away, there's obviously some flexibility as to when one was "certain" they had discovered something, not just suspicious about a /possible/ violation. As far as the court cases, I remember at least one and I believe two actual preliminary injunctions. IIRC, the one was a case of win by default, because the manufacturer hadn't responded. They had very little presence in Germany anyway, IIRC, so it wasn't much to lose, but that set the initial court precedent. However, if you are a Groklaw regular, you may well know more about it than I. Duncan
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