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Re: CAFC took JMRI case under advisement

From: Hyman Rosen
Subject: Re: CAFC took JMRI case under advisement
Date: Wed, 02 Jul 2008 16:41:39 -0400
User-agent: Thunderbird (Windows/20080213)

Alexander Terekhov wrote:
I'm shocked by Amici's citation of Nimmer on Copyright talking about
"appropriate contractual provisions" and "appropriate contract
construction"... What!? I thought that licenses are not contracts in
"free as in free speech" world.

Perhaps you would be less shocked if you quoted in context?
After the quote from Nimmer about contractual conditions,
the brief states

    "Nimmer ... support the proposition that a copyright
     licensor may recover in copyright for violations of
     a license condition ..."

That is, the argument states that since it is fine for a
contract to require attribution, it makes sense for a license
that requires it to be enforceable as well. It does not argue
that the license is a contract.

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