On 2006-09-03, John Hasler <[EMAIL PROTECTED]> wrote:
> Merijn de Weerd writes:
>> If someone accepts a license, then does not adhere to the terms, your
>> sole action is to sue for breach. You can't say he is infringing, since
>> you licensed him to do the acts. He just does not adhere to your
>> conditions.
>
> No.  You file against him for copyright infringement.  You don't mention
> the license.  He then has to present the license as a defense.  When he
> does so you argue that he has no license to do the things he is doing and
> so is infringing your copyright.

To which he'd respond that he is not infringing your copyright
since he has a license that authorizes him to do the acts in
question. The only issue is whether his performance of his side
of the contract is adequate. That's contract, not copyright law.

Merijn

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