On 04/30/2012 10:13 AM, John Cowan wrote:
Conditional copyright licenses are most closely analogous to conditional licenses to enter land
:-)
Well, this is more than a bit of a stretch, but I can argue it this way if you like.
Of course, in civil law land, licenses are contracts, period.
The difference is in how they are enforced.To enforce a license to enter land, the plaintiff can ask for criminal action on basis of tresspass, tresspass being a greater offense than breach of contract. The defendant claims there was a license and the plaintiff shows why one did not exist in those particular circumstances.
Similarly, the plaintiff sues for copyright infringement rather than breach of contract, and doesn't set out to prove consent and otherwise build a contract case.
The only value in licenses is that they can be enforced. If you don't care about enforcement, publish what you want as a guideline, and live with the fact that not everyone will follow it.
Thanks
Bruce
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