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Subject: Re: Archo killing open source....

Re: Archo killing open source....

From: David McIntyre <plugh_at_mudbarn.com>
Date: Sun, 9 Nov 2003 19:33:13 -0800

It's just the way the legal system works. If I sue you for something totally
irrelevant, I owe you legal bills, paid for by the countersuit, to pay the
legal expenses.
Even though the settlement is sealed, the public statements and the current
state of the marketplace show that the overall result was capitulation by RIAA,
with perhaps some concilliatory technological moves by Diamond. Further, RIAA's
inaction toward other mp3 playback devices in the market show that, in effect,
they "lost" this case.

On Sat, Nov 08, 2003 at 04:56:29AM -0500, Fred Maxwell wrote:
> David McIntyre wrote:
>
> > And set an important precedent, and recovered their legal fees.
>
> David, you clearly know much more about these legal matters than I do. The
> public statements about the settlement of the lawsuits regarding the Rio did
> not disclose the terms of the settlement (including whether Diamond recouped
> any of their legal fees) but you apparently are privy to information not
> available to the general public.
>
> RIAA Press Release:
> http://www.riaa.com/news/newsletter/press1999/080499.asp
> Diamond Multimedia Press Release:
> http://www.3dsoundsurge.com/press/pr238.html
>
> While you and I can argue at length about whether it's in Archos' interest
> to play Russian Roulette with the U.S. legal system, this discussion is only
> vaguely related to the Rockbox development effort, so I propose that we
> either take it offline or just call an end to it. Additionally, I would
> hate to see you or your contacts suffer legal consequences for disclosing
> terms of the sealed RIAA/Diamond settlement.
>
> Regards,
> Fred Maxwell
>
>
>

-- 
David McIntyre         plugh_at_mudbarn.com        http://www.mudbarn.com
PGP Key fingerprint = CAB5 A73A 43FA 19E3 449D  20B8 25D7 FA84 8847 D6A7
http://www.mudbarn.com/~plugh/plughinfo.txt for geek code, pgp key, etc. 
Received on 2003-11-10

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