Thufir Hawat wrote:
On Tue, 17 Mar 2009 14:32:21 -0400, Rjack wrote:
There go the goalposts! You wish to minimize my assertion. Let
me repeat. "The GPL is unenforceable under U.S. copyright law".
Is any EULA enforced under copyright law? I thought that the
logic went: here's an EULA, abide by it or not. I don't believe
that the EULA is under copyright law at all, but provides a way
around copyright. Failure to abide by the EULA might then prompt
a lawsuit, for instance on copyright infringement.
-Thufir
A EULA is a contract under U.S. law. A court interprets a EULA (a
copyright license) under contract law for terms that do *not*
involve "scope of use" restrictions. Violation of contractual
covenants (breaches) are enforced under contract law. If a scope of
use violation occurs, then enforcement under copyright law occurs.
Sincerely,
Rjack :)
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