David Kastrup wrote: > > Alexander Terekhov <[EMAIL PROTECTED]> writes: > > > David Kastrup wrote: > > [...] > >> Not at all. He can still _fully_ assert his copyright on those parts. > >> That means he can demand that recipients _obey_ his license terms > > > > Hey stupid dak, "_obey_ his license terms" is a contract claim, not > > copyright infringement. And "assert his copyright" means suing > > strangers/non-licensees for copyright infringement. The lisensor's > > covenant/obligation in any copyright license is: not to sue for > > copyright infringement. Is it really so hard to grasp? > > Uh, Alexander? Reality check. It is his copyright which lets him sue > for compliance of the license terms. If he had no copyright, no
Bullshit. You're being misinformed. > license or contract or whatever else could be asserted without a > written and undersigned statement of the recipient. Idiot. Go read ProCD v. Zeidenberg case (see IBM's filings in Wallace case). There was no "undersigned statement" (there was a click-through contract that made the buyer agree not to resell the information, and the court held that Zeidenberg accepted the contract by clicking through), and the subject matter of that contract was unprotectable under copyright law. Go read BREAKING BARRIERS: THE RELATION BETWEEN CONTRACT AND INTELLECTUAL PROPERTY LAW By Raymond T. Nimmer. ----- Among other issues, that case involved the claim that a contractual restriction on the use of an uncopyrighted database was preempted because the subject matter of the transaction was unprotectable under copyright law.90 The court correctly rejected this argument. It drew an explicit distinction between a property right (potentially preempted) and a contract right. "A copyright is a right against the world. Contracts, by contrast, generally affect only their parties; strangers may do as they please, so contracts do not create 'exclusive rights.'" ----- regards, alexander. _______________________________________________ gnu-misc-discuss mailing list [email protected] http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss
