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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 17:59:54 -0400
User-agent: Thunderbird (Windows/20080213)

rjack wrote:
Eben Moglen is asking the Court of Appeals for the Federal Circuit
> to overturn the clear and unequivocal language of the Supreme Court
> in De Forest Radio Tel. & Tel. Co. v. United States, 273 U.S. 236,
> United States Supreme Court (1927):

    "Whether this [act] constitutes a gratuitous license, or one
>      for a reasonable compensation, must, of course, depend upon
>      the circumstances; but the relation between the parties
>      thereafter in respect of any suit brought must be held to be
>      contractual, and not an unlawful invasion of the rights of
     the owner."

Here's the decision: <>.
First of all, the case was about a patent, not a copyright. Second,
the decision also says

    'Concede that, if the owner had said, "If you go on and infringe
     my patent, I shall not attempt to enjoin you, but I shall
     subsequently sue you for infringement," the tort would not be

and that is similar to language contained in the GPL.

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