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Re: Settlements
From: |
Hyman Rosen |
Subject: |
Re: Settlements |
Date: |
Fri, 26 Feb 2010 12:27:39 -0500 |
User-agent: |
Mozilla/5.0 (Windows; U; Windows NT 5.1; en-US; rv:1.9.1.5) Gecko/20091204 Thunderbird/3.0 |
On 2/26/2010 12:08 PM, Alexander Terekhov wrote:
Stop confusing conditions v. scope limitations v. covenants, silly
Hyman. There is a reason why these concepts are different.
Bluntly calling license's obligations and limitations "conditions"
doesn't change anything (except making things worse for the
licensor/drafter).
<http://www.cafc.uscourts.gov/opinions/08-1001.pdf>
Jacobsen argues that the terms of the Artistic License define
the scope of the license and that any use outside of these
restrictions is copyright infringement. Katzer/Kamind argues
that these terms do not limit the scope of the license and are
merely covenants providing contractual terms for the use of the
materials, and that his violation of them is neither compensable
in damages nor subject to injunctive relief.
...
The clear language of the Artistic License creates conditions to
protect the economic rights at issue in the granting of a public
license. These conditions govern the rights to modify and
distribute the computer programs and files included in the
downloadable software package.
...
For the aforementioned reasons, we vacate and remand.
- Re: Settlements, (continued)
- Re: Settlements, Hyman Rosen, 2010/02/26
- Re: Settlements, Alexander Terekhov, 2010/02/26
- Re: Settlements, Hyman Rosen, 2010/02/26
- Re: Settlements, Alexander Terekhov, 2010/02/26
- Re: Settlements, Hyman Rosen, 2010/02/26
- Re: Settlements, RJack, 2010/02/26
- Re: Settlements, Hyman Rosen, 2010/02/26
- Re: Settlements, Alexander Terekhov, 2010/02/26
- Re: Settlements, Hyman Rosen, 2010/02/26
- Re: Settlements, Alexander Terekhov, 2010/02/26
- Re: Settlements,
Hyman Rosen <=
- Re: Settlements, Alexander Terekhov, 2010/02/26
- Re: Settlements, Hyman Rosen, 2010/02/26
- Re: Settlements, Alexander Terekhov, 2010/02/26
- Re: Settlements, David Kastrup, 2010/02/27
- Re: Settlements, RJack, 2010/02/26
- Re: Settlements, Hyman Rosen, 2010/02/26
- Re: Settlements, Alexander Terekhov, 2010/02/26
- Re: Settlements, Hyman Rosen, 2010/02/26
- Re: Settlements, RJack, 2010/02/26
- Re: Settlements, Hyman Rosen, 2010/02/26