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Re: GPLed Software Expiration Date
From: |
Alexander Terekhov |
Subject: |
Re: GPLed Software Expiration Date |
Date: |
Thu, 27 Dec 2007 14:17:14 +0100 |
Rui Miguel Silva Seabra wrote:
[...]
> 17 USC § 203(a)(3) does indeed talk about termination of a grant after
> yers when there's the right of publication (like in the GPL) BUT in this
> case it is an *irrevocable* grant.
There is a difference between revocable (on a whim, whenever) and
terminable (by operation of law, 35-40 years hence), silly.
A copyright license or transfer, except to a work made for hire, can
be terminated pursuant to sec. 203 of the Copyright Act.
http://www.law.cornell.edu/copyright/cases/172_F3d_481.htm
"Under the principle of preemption, for instance, in light of the
existence of sec. 203, we could not use common law rules for the
interpretation of contracts to require that a contract for the
life of the copyright be enforced for that length of time. That
interpretation would be in direct conflict with sec. 203."
regards,
alexander.
--
"Plaintiffs copyrights are unique and valuable property whose market
value is impossible to assess"
-- SOFTWARE FREEDOM LAW CENTER, INC.
Re: GPLed Software Expiration Date, John Hasler, 2007/12/20