[side issue below] John Cowan wrote: > In licensed software, however, there *is* privity of contract.
I'm not sure that's true for "sublicensed" software. That's why I objected to the sublicensing provision in a recently-approved license. Most licenses nowadays fortunately are directly from the licensor to the licensee. Sublicensing not involved. /Larry -----Original Message----- From: co...@ccil.org [mailto:co...@ccil.org] Sent: Wednesday, March 11, 2015 10:58 AM To: license-discuss@opensource.org Subject: Re: [License-discuss] Reverse Engineering and Open Source Licenses Pamela Chestek quotavit: > In our view the copyright statutes, while protecting the owner of the > copyright in his right to multiply and sell his production, do not > create the right to impose, by notice, such as is disclosed in this > case, a limitation at which the book shall be sold at retail by future > purchasers, with whom there is no privity of contract. In licensed software, however, there *is* privity of contract. > Bobbs-Merrill Co. v. Straus, 210 U.S. 339, 350 (U.S. 1908). I think the Supremes would consider that case irrelevant today if they had the opportunity to overrule it, because it depends on the exclusive right to vend that is conferred in the 1831 Act and in the 1909 Act, but not present in the 1976 Act. > So at least they'd have to shrink-wrap it --- Naah. If anything, shrink-wrapping makes it harder, not easier, to show the licensee's consent to the contract. If the license were printed on the cover, the supposed buyer would be in a pickle trying to prove that paying the price didn't constitute acceptance of the license. -- John Cowan http://www.ccil.org/~cowan co...@ccil.org The Penguin shall hunt and devour all that is crufty, gnarly and bogacious; all code which wriggles like spaghetti, or is infested with blighting creatures, or is bound by grave and perilous Licences shall it capture. And in capturing shall it replicate, and in replicating shall it document, and in documentation shall it bring freedom, serenity and most cool froodiness to the earth and all who code therein. --Gospel of Tux _______________________________________________ License-discuss mailing list License-discuss@opensource.org http://projects.opensource.org/cgi-bin/mailman/listinfo/license-discuss _______________________________________________ License-discuss mailing list License-discuss@opensource.org http://projects.opensource.org/cgi-bin/mailman/listinfo/license-discuss