Time zone database suit withdrawn
Posted Feb 23, 2012 4:11 UTC (Thu) by BrucePerens
In reply to: Time zone database suit withdrawn
Parent article: Time zone database suit withdrawn
Not an NDA. A covenant not to sue.
EFF threatened to file a Rule 11 proceeding against Astrolabe, which is how you penalize both the attorney and the client for a frivolous suit. They wrote the entire proceeding, it's on their web site here. Astrolabe read the proceeding and decided to settle before EFF filed it.
Astrolabe's apology is on the EFF site. I'll quote it:
In a statement, Astrolabe said, "Astrolabe's lawsuit against Mr. Olson and Mr. Eggert was based on a flawed understanding of the law. We now recognize that historical facts are no one's property and, accordingly, are withdrawing our Complaint. We deeply regret the disruption that our lawsuit caused for the volunteers who maintain the TZ database, and for Internet users."
I think the way this ended is that both parties agreed to dismissal. It seems that Astrolabe never served notice of the suit upon Olsen and Eggert. What they did do is send them an improperly written DMCA takedown letter. Either this means they didn't keep paying their attorneys to work on the case, or the attorney realized that they should not go ahead.
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