PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL
WITH PREJUDICE & WITHOSUT COST
Pursuant to Federal Rule of Civil Procedure 41(a)(1), please take
notice that Plaintiff ASTROLABE, INC., pursuant to Federal Rule of
Civil Procedure 41(a)(1), hereby voluntarily dismisses all claims in
this action with prejudice, and without costs, as to Defendants ARTHUR
DAVID OLSEN and PAUL EGGERT.
In connection with this NOTICE, the Plaintiff states that the
Defendants have neither answered Plaintiff's Complaint, nor filed a
motion for summary judgment. Accordingly, this matter may be
dismissed with prejudice and without an Order of the Court.
The EFF had this to say:
The Electronic Frontier Foundation (EFF) is pleased to announce that a copyright lawsuit threatening an important database of time zone information has been dismissed. The astrology software company that filed the lawsuit, Astrolabe, has also apologized and agreed to a 'covenant not to sue' going forward, which will help protect the database from future baseless legal actions and disruptions.
In a statement, Astrolabe said, "Astrolabe's lawsuit against Mr. Olson and Mr. Eggert was based on a flawed understanding of the law. We now recognize that historical facts are no one's property and, accordingly, are withdrawing our Complaint. We deeply regret the disruption that our lawsuit caused for the volunteers who maintain the TZ database, and for Internet users."
"We are grateful that EFF and its co-counsel at Fish & Richardson were able to step in and assist us, so that we could help ensure the TZ database would continue to be available," said Eggert and Olson.
So in the end, Astrolabe understood that facts cannot be copyrighted and withdrew the case. I am also glad to see their statement of regret.
Finally, its good to see the EFF's positive involvement in the case.