Taking a break.
Lots of super interesting stuff in the opinion piece:
"Chavez v. Johnson. 335 S.E.2d 97, 102 (Va. 1985) Plaintiff has failed to identify a single individual, other than the defendant himself, who sat for the exam, accepted the non
disclosure obligation, and subsequently breached that obligation.
Invoking the contractual obligations of an unknown number of
unidentified former test-takers, some of whom may have posted
infringing material on the <www.scoretop.com> website, is far too vague and conclusory to sustain this claim."
In other words, and this is the part people will care about - they were not able to identify even ONE of the posters. Whether or not this has changed remains to be seen, but I'm willing to bet it hasn't.
The opinion goes on to say:
"Recognizing its discretion in fashioning the scope of an
injunction, see Virginia Soc'v for Human Life. Inc. v. Federal
Election Comm'n. 263 F.3d 379, 392 (4th Cir. 2001), the Court
finds that plaintiff's requests are overbroad and will overrule
the objection. First, the specified documents and files contain
thousands of practice GMAT questions. Plaintiff has only
established defendant's unlawful distribution of 494 questions.
On this record, the Court has no factual basis upon which to
conclude that all the content in the requested documents infringe
on plaintiff's copyrights. Some questions may have been
legitimately created or acquired by the defendant. Accordingly,
the Court will not order the destruction of the requested
documents."
and
"Second, the Court will not order the defendant to transmit
his computers, hard drives, and other electronic devices for
inspection and, if GMAC so determines, disposal. Such devices
may serve other legitimate business purposes, or they may contain
private or proprietary information unrelated to this case.
Rather, the Court will adopt the language of the injunction in
Raju, 267 F. Supp. 2d at 507, which is sufficiently broad to
remedy any ongoing injury to plaintiff."
We need to find the updated opinion!!!
We also find out how many questions were infringing. Apparently, 494.
Also interesting is that the judge finds that the actions could not have been so serious as they claimed:
"Plaintiff's prosecution of this action also undermines its
position. After "a lengthy, multi-year investigation of the
activities" on the <www.scoretop.com> website, plaintiff filed
its complaint on June 21, 2007. Burgoyne Decl. H 3. Meanwhile,
the website's operations have continued to this day. If the
defendant's conduct truly threatened the sanctity of the GMAT
examination process, plaintiff should have filed a prompt request
for a temporary restraining order or preliminary injunctive
relief."