Civil suit; ftp shutdown; mailing list shutdown
A civil suit was filed on September 30 in federal court in Boston; I'm a defendant; the case involves the time zone database. The ftp server at elsie.nci.nih.gov has been shut down. The mailing list will be shut down after this message. Electronic mail can be sent to me at arthurdavidolson@gmail.com. I hope there will be better news shortly. --ado
I assume that tz@iana.org still works and will continue to work. I must admit, I've been somewhat distracted most of the day and did not notice this happen. The suit, if you wish to read it is, Astrolabe, Inc. v. Olson et al, docket number 1:11-cv-11725-GAO. The other plaintiff is Paul Eggert. You should be able to access it via RECAP, a tool that lets Court users easily share the documents they download from the Federal Court system, but for some reason that doesn't seem to be working for me. Theoretically you can get it at http://www.archive.org/download/gov.uscourts.mad.139342/ and perhaps also http://www.archive.org/details/gov.uscourts.mad.139342. I'm mirrored the court documents, of which there are five, at http://web.mit.edu/jhawk/tmp/tz I am somewhat puzzled why Arthur chose to shut down the mailing list and the ftp server. The text of the docket entries are: ---cut United States District Court District of Massachusetts (Boston) CIVIL DOCKET FOR CASE #: 1:11-cv-11725-GAO Astrolabe, Inc. v. Olson et al Assigned to: Judge George A. OToole, Jr Cause: 17:101 Copyright Infringement Date Filed: 09/30/2011 Jury Demand: Plaintiff Nature of Suit: 820 Copyright Jurisdiction: Federal Question Plaintiff Astrolabe, Inc. represented by Julie C. Molloy 379 Route 6A E. Sandwich, MA 02537 508-833-3707 Fax: 508-833-3711 Email: jcourtmolloy@gmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED V. Defendant Arthur David Olson Defendant Paul Eggert Date Filed # Docket Text 09/30/2011 1 COMPLAINT against All Defendants Filing fee: $ 350, receipt number 0101-3604021 (Fee Status: Filing Fee paid), filed by Astrolabe, Inc.. (Attachments: # 1 Civil Cover Sheet Civil Cover Action Sheet, # 2 Category Form )(Molloy, Julie) (Attachment 1 replaced on 9/30/2011) (York, Steve). (Attachment 2 replaced on 9/30/2011) (York, Steve). Modified on 9/30/2011 (York, Steve). (Entered: 09/30/2011) 09/30/2011 2 REPORT ON THE FILING OF AN ACTION REGARDING PATENT OR TRADEMARK. (York, Steve) (Entered: 09/30/2011) 09/30/2011 ELECTRONIC NOTICE of Case Assignment. Judge George A. OToole, Jr assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Marianne B. Bowler. (Folan, Karen) (Entered: 09/30/2011) 09/30/2011 3 Summons Issued as to Paul Eggert, Arthur David Olson. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (York, Steve) (Entered: 09/30/2011) ---cut I should get a asynchronous updates when additional filings happen in the case, and can forward those along. --jhawk@mit.edu John Hawkinson Olson, Arthur David (NIH/NCI) [E] <olsona@dc37a.nci.nih.gov> wrote on Thu, 6 Oct 2011 at 11:16:02 -0400 in <996D816825CFEA469870126E9050D3F001EBC5D0D8@NIHMLBX11.nih.gov>:
A civil suit was filed on September 30 in federal court in Boston; I'm a defendant; the case involves the time zone database.
The ftp server at elsie.nci.nih.gov has been shut down.
The mailing list will be shut down after this message.
Electronic mail can be sent to me at arthurdavidolson@gmail.com.
I hope there will be better news shortly.
--ado
John Hawkinson said:
I'm mirrored the court documents, of which there are five, at http://web.mit.edu/jhawk/tmp/tz
Thanks for this.
I am somewhat puzzled why Arthur chose to shut down the mailing list and the ftp server.
If Arthur loses the suit for any reason, it's possible that damages will be awarded on a daily basis. In which case, every day the server remains up increases the damages. I don't know why he shut down the list, but perhaps it's to ensure there isn't even the appearance that he's responsible for or encouraging the mirroring activity that has already started (both of which could land him with more damages). -- Clive D.W. Feather | If you lie to the compiler, Email: clive@davros.org | it will get its revenge. Web: http://www.davros.org | - Henry Spencer Mobile: +44 7973 377646
Thanks, kre. Good to see the list is actually working.
All I know of the lawsuit is what jhawk's message indicated - eventually I assume we'll find out what trademark or patent that someone believes is being infringed (a little hard to believe either, but who knows...)
I am/was running on a bit too little sleep, but I wrote:
The suit, if you wish to read it is, Astrolabe, Inc. v. Olson et al, docket number 1:11-cv-11725-GAO. The other plaintiff is Paul Eggert.
Of course, I meant to write that the other DEFENDANT was Paul Eggert, not plaintiff. Oops. It is apparently a copyright question, not a patent/trademark question. p.2 of document 1 ( http://web.mit.edu/jhawk/tmp/tz/gov.uscourts.mad.139342.1.0.pdf ) notes: | 4. Pursuant to a written agreement, Astrolabe is the copyright assignee | of the copyright owner, of certain copyright-protected computer | software programs and information contained therein, pursuant to the | Copyright Protection Act, 17 U.S.C. Section 101, et seq., known as the | "ACS Atlas," consisting of both the "ACS International Atlas," and the | "ACS American Atlas," in the form of computer software program(s) | and/or data bases, and in the form of electronic output and future | electronic media from said programs [hereinafter "the Works"]. | | 5. These atlases set forth interpretations of historical time zone | information pertaining to innumerable locations throughout the world, | based upon the compilation of historical research and documentation | regarding applicable time zones officially and/or in actuality in | effect, given the actual latitude and longitudes of specific locations | throughout the world. | | 6. Upon information and belief, defendants Olson and Eggert have | unlawfully reproduced the Works, in violation of the Copyright | Protection Act, without proper permission and/or authorization from | the copyright holder, and without paying royalties due and payable to | the copyright holder and/or its assignee, Astrolabe, in computer | software format. Also, the civil complaint makes reference to several exhibits that don't seem to be filed in the Court system. I'll see about obtaining those from the plaintiff (Astrolabe). --jhawk@mit.edu John Hawkinson
On Oct 6, 2011, at 8:15 PM, John Hawkinson wrote:
I am somewhat puzzled why Arthur chose to shut down the mailing list and the ftp server.
If it wasn't Arthur's decision, it might have been the decision of the host of the mailing list and the FTP site; for what it's worth, somebody claimed on the Slashdot thread for this issue that the US Government could only be sued if they agree to let themselves be sued, but that wouldn't necessarily stop a person at level N at the US National Institutes of Health from being worried what somebody at level N-k thought about the suit and thus telling Arthur (at level N+m, with both k and m >= 1) to get rid of the list and FTP site. (No, I don't know why it was done. I'm just guessing what one possible reason is.)
Hi everyone, Here is what I wrote to the apps-discuss list on this issue:
Everyone:
As the co-author of the draft in question who is NOT a party to this suit, let me say this:
1. The authors are aware of the suit; 2. The IESG is aware of the suit; 3. ICANN and IANA is aware of the suit; 4. The IASA is aware of the suit. 5. Lawyers are involved.
Please give us just a little while to sort a response.
Eliot
More when is possible. Eliot
Date: Fri, 7 Oct 2011 03:03:22 -0400 From: John Hawkinson <jhawk@mit.edu> Message-ID: <20111007070322.GS19029@multics.mit.edu> | Of course, I meant to write that the other DEFENDANT was Paul Eggert, not | plaintiff. Oops. Yes, that was sort of obvious. | It is apparently a copyright question, Yes, when I saw the files that you made available (after my first reply) that was obvious - thanks for digging those out. And it's fairly obviously bogus too - no-one copied any data from their atlas (whoever owned it at the time), that is just one of many reference sources for the facts that the tz project collected, and like any good reference, cited as a source. But, I'm afraid that's going to be for others to argue over, nothing I say on this is likely to have much impact. Just best wished to Arthur, and Paul, and I know how stressful this kind of thing can be. And in regard to ,,, sm@resistor.net said: | Thanks for volunteering. As draft-lear-iana-timezone-database-04 has | already been approved by the IESG for publication as a BCP, I suggest that | the TZ mailing list reaches consensus for you to fulfill the role of TZ | Coordinator. For now, I am going to do it until someone else takes over, just because it needs to be done, and quickly. And because potential US law suits don't bother me... Longer term, I have the same issues (kind of) that caused Arthur to seek alternative arrangements (earlier) more or less, he was (still is, I assume) approaching retirement, so am I. For me, I suspect retirement will have less impact upon my use of the networks, etc, than it might for Arthur (even before this nonsense reared its ugly head), but when we reach this kind of age, expecting continued long term service is simply expecting the absurd. That's why I rejected approaches to replace Arthur earlier, and those reasons still apply, for anything beyond the short term, we need a coordinator who can expect to be around somewhat longer than I do. kre
John Hawkinson <jhawk@MIT.EDU> wrote on Fri, 7 Oct 2011 at 03:15:23 +0000 in <20111007031523.GB25751@homeworld.netbsd.org>:
The suit, if you wish to read it is, Astrolabe, Inc. v. Olson et al, docket number 1:11-cv-11725-GAO. The other plaintiff is Paul Eggert. ... http://www.archive.org/download/gov.uscourts.mad.139342/
The last activity the Court's docket reports is the summons to Eggert and Olson was issued on September 30th, and the summons has not been returned (i.e. they have not been served). As I understand it, according to rule 4(m) of the Federal Rules of Civil Procedure, the Astrolabe had 120 days to serve Eggert and Olson with the complaint. Assuming calendar days, which I think are correct here, that 120 days would be up as of January 28, about 2 weeks ago. I am rather uncertain what to think. --jhawk@mit.edu John Hawkinson 09/30/2011 #3 Summons Issued as to Paul Eggert, Arthur David Olson. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (York, Steve) (Entered: 09/30/2011)
On Sun, Feb 12, 2012 at 4:14 PM, John Hawkinson <jhawk@mit.edu> wrote:
John Hawkinson <jhawk@MIT.EDU> wrote on Fri, 7 Oct 2011 at 03:15:23 +0000 in <20111007031523.GB25751@homeworld.netbsd.org>:
The suit, if you wish to read it is, Astrolabe, Inc. v. Olson et al, docket number 1:11-cv-11725-GAO. The other plaintiff is Paul Eggert. ... http://www.archive.org/download/gov.uscourts.mad.139342/
The last activity the Court's docket reports is the summons to Eggert and Olson was issued on September 30th, and the summons has not been returned (i.e. they have not been served).
As I understand it, according to rule 4(m) of the Federal Rules of Civil Procedure, the Astrolabe had 120 days to serve Eggert and Olson with the complaint. Assuming calendar days, which I think are correct here, that 120 days would be up as of January 28, about 2 weeks ago.
I am rather uncertain what to think.
On January 12th, the EFF announced https://www.eff.org/deeplinks/2012/01/just-facts-lawsuit-against-timezone-da... "Today, we’re taking the battle to Astrolabe, and starting the process for seeking sanctions under Rule 11 of the Federal Rules of Civil Procedure. Rule 11 requires litigants to conduct a reasonable inquiry into the facts and law before filing any paper with the court. Obviously, that didn’t happen here. Astrolabe now has 21 days to withdraw its Complaint. If it doesn’t do so, the Rule 11 “safe harbor” expires and we’re free to ask the court for sanctions. Once the court reviews Astrolabe’s preposterous claims, and their dangerous consequences, we expect it will agree with us and punish both the company and its attorney so they never again try to abuse the legal process." Jan 12 + 21 days is Thursday, February 2nd. I am not a lawyer, but I would expect the EFF to ask for sanctions forthwith. I would also note that Astrolabe's lawyer has been sanctioned before. Regards Marshall
--jhawk@mit.edu John Hawkinson
09/30/2011 #3 Summons Issued as to Paul Eggert, Arthur David Olson. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (York, Steve) (Entered: 09/30/2011)
participants (7)
-
Clive D.W. Feather -
Eliot Lear -
Guy Harris -
John Hawkinson -
Marshall Eubanks -
Olson, Arthur David (NIH/NCI) [E] -
Robert Elz