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Re: Intellectual Property II

From: Alexander Terekhov
Subject: Re: Intellectual Property II
Date: Sat, 11 Feb 2006 23:24:43 +0100

David Kastrup wrote:
> Conditional authorization does not magically turn into unconditional
> authorization.

A promise on my part to forbear from distribution right under first 
sale and instead do what you decree is a covenant, not a condition. 
And it has really nothing to do with copyright. Breach of contract 
is the only nonfrivolous claim you can make (provided that I have 
fulfilled the real conditions and created authorized copies). 

Adobe asserts that its license defines the relationship between 
Adobe and any third-party such that a breach of the license 
constitutes copyright infringement. This assertion is not accurate 
because copyright law in fact provides certain rights to owners of 
a particular copy. This grant of rights is independent from any 
purported grant of rights from Adobe. The Adobe license compels 
third-parties to relinquish rights that the third-parties enjoy 
under copyright law. 



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