home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
linuxmafia.com 2016
/
linuxmafia.com.tar
/
linuxmafia.com
/
kb
/
Licensing_and_Law
/
astrolabe-v-olson
< prev
next >
Wrap
Text File
|
2011-10-07
|
9KB
|
222 lines
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
DOCKET NO.
********************************
ASTROLABE, INC., *
*
Plaintiff, *
*
v. *
*
ARTHUR DAVID OLSON, *
and PAUL EGGERT, *
*
Defendants. *
********************************
COMPLAINT, REQUEST FOR INJUNCTIVE RELIEF, RESTRAINING ORDER,
DAMAGES AND TRIAL BY JURY
Parties
1. Plaintiff, Astrolabe, Inc. [hereinafter "Astrolabe"], is a
for-profit Massachusetts corporation with a principal place of business
at 350 Underpass Road, P.O. Box 1750, Brewster, Barnstable County,
Commonwealth of Massachusetts 02631, and is engaged in the business of
publication, marketing and sale, including computer software
publications and/or programs pertaining to the field of astrology.
2. Defendant, Arthur David Olson [hereinafter "Olson"], is an
individual with a last and usual residence at 7406 Hancock Avenue, #2,
Takoma Park, Maryland 20912, and with a usual an ordinary place of
business as a computer specialist at the Laboratory of Experimental
Carcinogenesis, Building 37, Room 4146A, National Cancer Institute,
National Institute of Health, 37 Convent Drive, MSC 4262, Bethesda,
Maryland 20892.
3. Defendant, Paul R. Eggert [hereinafter "Eggert"], is an individual
with a last and usual residence in the State of California, who is
engaged in the business of computer services and programming, and
employed as a lecturer with the University of California, Los Angeles,
Computer Science Department, with a principal business address of: UCLA
Computer Science, Box 951596, 4532JBH, Los Angeles, Calfiornia
90095-1596.
Jurisdiction
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.
7. Plaintiff, Astrolabe publishes, markets and sells its ACS Atlas
programs (the Works) for commercial profit purposes to, inter alia ,
those interested and/or engaged in the business and field of astrology
seeking to determine the historical time at any given time in any
particular location, world-wide.
8. In connection with its rights to reproduce the Works, plaintiff
Astrolabe is contractually obligated to pay royalties to the
owner/assignor of the copyright and the authors of the same.
Facts
9. Defendant Olson's unauthorized reproduction of the Works have been
published at ftp://elsie.nci.nih.gov/tzarchive.qz, where the references
to historic international time zone data is replete with references to
the fact that the source for this information is, indeed, the ACS Atlas.
10. In connection with his unlawful publication of some and/or any
portion of the Works, defendant Olson has wrongly and unlawfully
asserted that this information and/or data is "in the public domain," in
violation of the protections afforded by the federal copyright laws.
11. Defendant Eggert's unauthorized reproduction of the Works have been
published at http://cs.ucla.edu/~eggert/tz/tz-link.htm
http://cs.ucla.edu/~eggert/tz/tz-art.htm, where the references to
historic international time zone data is replete with references to the
fact that the source for this information is, indeed, the ACS Atlas.
12. In connection with his unlawful publication of some and/or any
portion of the Works, defendant Eggert has wrongly and unlawfully
asserted that this information and/or data is "in the public domain," in
violation of the protections afforded by the federal copyright laws.
13. On or about May 12, 2011, Astrolabe sent a "takedown notice" to
both the National Institute of Health [hereinafter "NIH"], and the
University of California Los Angeles hereinafter "UCLA"], which have
failed and/or refused to remove the unauthorized publication and copying
of the Works. See Exhibit 1, May 12, 2011, Letter to NIH, and Exhibit
2, May 12, 2011, Letter to UCLA.
14. Despite having received copies of the letters attached here to as
Exhibits 1 and 2, defendants Olson and Eggert continue to unlawfully
publish the Works, without permission and/or authorization to do so.
Count I
Copyright Violation -- Olson
15. Plaintiff repeats and reasserts the matters set forth above, as if
fully set forth herein, incorporating the same herein by reference, and
further states:
16. In publishing any and/or all of the Works as set forth above,
defendant Olson has and does so in violation of the federal copyright
protection laws of the United States, to the detriment of plaintiff,
Astrolabe.
17. Defendant Olson is well aware that the information and/or data
wrongfully and unlawfully published by him violates the plaintiff's
copyright in the Works.
18. As a direct and proximate cause of defendant Olson's unlawful and
wrongful publication of some and/or any portion of the Works, he has
unlawfully deprived plaintiff of income it would have otherwise derived
from sales of the same, and has wrongfully and unlawfully asserted that
the information and/or date taken from the Works is in the "public
domain."
WHEREFORE, plaintiff requests that this Honorable Court enter judgment
in its favor, and against the defendant Olson, and enter the following
orders and/or judgments of the Court:
A. Issue a temporary restraining order prohibiting defendant Olson from
unlawfully publishing any and/or some part of the Works;
B. Issue a permanent injunction prohibiting defendant Olson from
unlawfully publishing any and/or some part of the Works;
C. Award plaintiff damages and such other amounts, including interest,
attorney's fees and costs, for the unlawful and wrongful use of the
Works.
D. Such other orders and/or relief the Court deems just, reasonable
and appropriate.
Count II
Copyright Violation -- Eggert
19. Plaintiff repeats and reasserts the matters set forth above, as if
fully set forth herein, incorporating the same herein by reference, and
further states:
20 In publishing any and/or all of the Works as set forth above,
defendant Eggert has and does so in violation of the federal copyright
protection laws of the United States, to the detriment of plaintiff,
Astrolabe.
21. Defendant Eggert is well aware that the information and/or data
wrongfully and unlawfully published by him violates the plaintiff's
copyright in the Works.
22. As a direct and proximate cause of defendant Eggert's unlawful and
wrongful publication of some and/or any portion of the Works, he has
unlawfully deprived plaintiff of income it would have otherwise derived
from sales of the same, and has wrongfully and unlawfully asserted that
the information and/or date taken from the Works is in the "public
domain."
WHEREFORE, plaintiff requests that this Honorable Court enter judgment
in its favor, and against the defendant Eggert, and enter the following
orders and/or judgments of the Court:
A. Issue a temporary restraining order prohibiting defendant Eggert
from unlawfully publishing any and/or some part of the Works;
B. Issue a permanent injunction prohibiting defendant Eggert from
unlawfully publishing any and/or some part of the Works;
C. Award plaintiff damages and such other amounts, including interest,
attorney's fees and costs, for the unlawful and wrongful use of the
Works
D. Such other orders and/or relief the Court deems just, reasonable and
appropriate.
Plaintiff,
ASTROLABE, INC.
by its attorney,_
/s/ Julie C. Molloy
Julie C. Molloy BBO#555176
379 Route 6A
East Sandwich MA 02537
Tel: (508) 833-3707
jcourtmolloy@gmail.com
Dated: September 30, 2011