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Re: IBM's appellee brief in Wallace case

From: Alexander Terekhov
Subject: Re: IBM's appellee brief in Wallace case
Date: Sat, 22 Jul 2006 13:57:30 +0200


"Beyond contract interpretation issues, the viral terms of licenses 
 present legal issues about enforceability. One basis for challenge 
 lies in the concept of misuse.98 This theory precludes enforcement 
 of intellectual property rights that have been misused by the rights 
 owner, including at least in some cases by attempting to leverage 
 the rights into control of products or work that falls outside the 
 scope of the licensor’s property interest. Clearly, the viral terms 
 in an FSOS license do this, but whether courts would hold that they 
 are justifiable by the nature of the context and the purpose behind 
 the license terms remains to be seen."


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