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Re: Did I finally figure out the rationale?


From: mike3
Subject: Re: Did I finally figure out the rationale?
Date: 28 May 2007 12:00:37 -0700
User-agent: G2/1.0

On May 27, 1:56 pm, John Hasler <j...@dhh.gt.org> wrote:
> mike3 writes:
> > But then when does [the Microsoft EULA] become a contract?
>
> A copyright license is anything that grants some of the exclusive rights of
> the copyright owner to someone else.  Thus it is possible for a contract to
> grant a copyright license as part or all of the consideration and therefor
> be described as "a copyright license".  In fact, most "copyright licenses"
> --those between authors and publishers for example-- are contracts as well.
>
> For the Microsoft EULA to be a copyright license as well as a contract it
> would have to grant you some of the exclusive rights of the copyright owner
> in addition to taking away many of the rights the copy owner would
> otherwise have.  I was not aware that it did the so, but I haven't seen a
> recent version.
>
> Note that purporting to grant rights the copy owner already has does not
> count.

But I thought the license was too restrictive. Is that just because it
does not
_grant_ as many rights as, say, the GPL, does?

> --
> John Hasler
> j...@dhh.gt.org
> Dancing Horse Hill
> Elmwood, WI USA




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