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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.


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