RE: Contract or License?

2001-09-13 Thread Humphreys, Noel
John Cowan wrote: "Consider RFC 1988 (http://www.ietf.org/rfc/rfc1988.txt) which explicitly labels itself a conditional grant. Although the grant is for patent rights rather than copyright rights, it seems to me essentially analogous to (but not an example of, of course) an OSL. I see no r

Re: Contract or License?

2001-09-13 Thread John Cowan
Lawrence E. Rosen wrote: > I must admit that, > even though I am an attorney, I have never understood the distinction > between a software license and a contract. Certainly there can be no doubt that some software licenses, Microsoft EULAs, for example, are contracts or they are nothing. Whet

Re: Contract or License?

2001-09-13 Thread M. Drew Streib
On Thu, Sep 13, 2001 at 02:34:17PM -0700, Lawrence E. Rosen wrote: > which describe two different types of contracts.) I must admit that, > even though I am an attorney, I have never understood the distinction > between a software license and a contract. Can anyone on this list cite > any legal

Contract or License?

2001-09-13 Thread Lawrence E. Rosen
I've been following the discussion about the RealNetworks' RTSP Proxy License and the question about whether a license can restrict "use" as opposed to copying, creating derivative works or distributing those copies and derivative works. Copyright law does not restrict use of an authorized copy.