Rui Miguel Silva Seabra wrote: > > Qui, 2006-06-22 Ã s 15:29 +0200, Alexander Terekhov escreveu: > > David Kastrup wrote: > > [...] > > > > To quote Hollaar (http://digital-law-online.info/lpdi1.0/treatise2.html) > > > > > > > > http://groups.google.com/group/misc.legal.computing/msg/3cf3e9ee08d2837b > > > > > > A quote which does nothing to establish the difference between license > > > and contract. > > > > Intelectual property licenses are contracts. There's no "difference", > > stupid. > > > > Hollaar wrote: > > Whatever. Where's the law saying that: > a) copyright licenses are contracts? > b) patent licenses are contracts? > c) trademark licenses are contracts? > d) ...
In re: Aimster Copyright Litigation, 334 F.3d 643, 644 (7th Cir. 2003) (If a breach of contract (and a copyright license is just a type of contract) . . . ); see also McCoy v. Mitsuboshi Cutlery, Inc., 67 F.3d 917, 920 (Fed. Cir. 1995) (Whether express or implied, a license is a contract governed by ordinary principles of state contract law .) "This implied license does not offend the protection afforded patent and trademark rights by federal law. Instead, licenses, like other federal property and contract rights, conform to the applicable state laws. See Power Lift, 871 F.2d at 1085; see also Mallinckrodt, 976 F.2d at 703. As this court observed in Power Lift, the Supreme Court has held that federal patent law does not preempt enforcement of contracts under state law. Id. (discussing Aronson v. Quick Point Pencil Co., 440 U.S. 257, 261-64, 201 USPQ 1, 4-6 (1979)). By the same reasoning, federal trademark law does not preempt contract enforcement either. Intellectual property owners "may contract as they choose," Mallinckrodt, 976 F.2d at 703, but their intellectual property rights do not entitle them to escape the consequences of dishonoring state contractual obligations" That's the law. Go read the cases. regards, alexander. _______________________________________________ gnu-misc-discuss mailing list [email protected] http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss
