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EFF Wins Protection for Time Zone Database

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Re: EFF Wins Protection for Time Zone Database

#2
Why is there no penalty? Lawyers wasted a lot of billable hours over a suit filed over a copyright claim on facts. If there's no penalty for such frivolous claims, we'll keep having to fight the same fight, wasting money along the way.

Re: EFF Wins Protection for Time Zone Database

#4
post #2

Why is there no penalty? Lawyers wasted a lot of billable hours over a suit filed over a copyright claim on facts. If there's no penalty for such frivolous claims, we'll keep having to fight the same fight, wasting money along the way.

That's a good question. The article seems to indicate that there was almost a penalty.

FTA:

> In January, EFF advised Astrolabe that Olson and Eggert would move for sanctions if Astrolabe did not withdraw its complaint. Today's dismissal followed.

In other words, the complaint was dropped only after penalties were threatened.

Thinking about this issue, I see your point, but I'm not sure how far in that direction we should go. In particular, we don't want to create a mechanism that can easily be used to punish whistle-blowers (for example), simply by finding someone willing to declare their complaint to be frivolous.

Re: EFF Wins Protection for Time Zone Database

#5
I love the apology because it sounds exactly like the apology of a man (or organization) who has had it explained to him exactly what a very very bad position his activities have put him in. Really like seeing a complete apology unlike the "We apologize if we caused any discomfort..." ambivalent BS we see all the time.

Re: EFF Wins Protection for Time Zone Database

#6
post #2

Why is there no penalty? Lawyers wasted a lot of billable hours over a suit filed over a copyright claim on facts. If there's no penalty for such frivolous claims, we'll keep having to fight the same fight, wasting money along the way.

That's a good question. The article seems to indicate that there was almost a penalty. FTA: > In January, EFF advised Astrolabe that Olson and Eggert would move for sanctions if Astrolabe did not withdraw its complaint. Today's dismissal followed. In other words, the complaint was dropped only after penalties were threatened. Thinking about this issue, I see your point, but I'm not sure how far in that direction we s…

frivolous is one thing, fraudulent is another. they filed a copyright claim on information that not only do they not own, information that it is not possible to own. this sort of behaviour should be punished.

Re: EFF Wins Protection for Time Zone Database

#8

I love the apology because it sounds exactly like the apology of a man (or organization) who has had it explained to him exactly what a very very bad position his activities have put him in. Really like seeing a complete apology unlike the "We apologize if we caused any discomfort..." ambivalent BS we see all the time.

I've seen those referred to as "Notpologies": http://skepticlawyer.com.au/2012/02/23/the-notpology/

Re: EFF Wins Protection for Time Zone Database

#9
Obviously the lawsuit was a non-starter, any company that realized this would retract the complaint, but I was impressed by the apology. It seems like in every suit I hear about where the company was wrong, they lose the case but still try to say they did nothing wrong and refuse to apologize. I was impressed this company did.

Re: EFF Wins Protection for Time Zone Database

#10
post #6

Earlier quoted context omitted.

That's a good question. The article seems to indicate that there was almost a penalty. FTA: > In January, EFF advised Astrolabe that Olson and Eggert would move for sanctions if Astrolabe did not withdraw its complaint. Today's dismissal followed. In other words, the complaint was dropped only after penalties were threatened. Thinking about this issue, I see your point, but I'm not sure how far in that direction we s…

frivolous is one thing, fraudulent is another. they filed a copyright claim on information that not only do they not own, information that it is not possible to own. this sort of behaviour should be punished.

If anyone should be punished, it's the lawyers who enabled them to persist in this course of action.

Perhaps basic facts can't be copyrighted, but sometimes collections of facts are given some protection. The telephone directory is a classic example.

Given the sincerity of the apology, I think it was a honest mistake and a welcome example of the legal system working the way it should.

At least after EFF is on the case. We should go donate to them. Right now.

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