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Old 03-18-2007, 09:45 AM
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Comments re: supergu

IANAL, but I have worked e-discovery on numerous suits that remind me of this.

Once when I was particularly drained by the flurry of inane legal activity against us, I asked our CEO: "why us? when does it stop?".
His response: "The higher you go and more successful you are, the more people there are who want to take pot shots at you."

I think that is particularly true here.

Open source programs like Pligg don't have the advantage of cashflow and investors to fund time and counsel needed. I can see how it would be very easy to throw up your hands and say "it's not worth it!".

You need to make clear what is needed and try to solicit help from the community, if it is needed - financial or otherwise. It seems pretty clear that the whole mess is a load of horse manure, so the ultimate outcome will most certainly go the way of pligg.

In traditional cases like this, the standard response is to file a counter-claim for infringing on licenses, etc. Hopefully the EFF can help there.

I strongly suspect that if you can well document the absurdity of the claim, in a very concise and simple manner, you will be able to file for, and get a summary judgement at the beginning without spending lots of time in a courtroom.

Best of luck,

Jerry
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