Re: SFLC's GPL court enforcement -- "A telling admission" by AaronWilliamson(AW1337)

[Alexander Terekhov]

Hyman Rosen wrote:
> 
> Alexander Terekhov wrote:
> > Contract breach (let's assume a valid contract)/not fulfilling
> > contractual obligations is not illegal.
> 
> <http://www.copyright.gov/title17/92chap5.html>

You confuse IP license breach with IP infringement.

"Whether this [act of authorization] 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." De Forest Radio Tel. &
Tel. Co. v. United States, 273 U.S. 236, (1927) 

"[I]mplicit in a nonexclusive license is the promise not to sue for
copyright infringement. See In re CFLC, Inc., 89 F.3d 673, 677 (9th Cir.
1996), citing De Forest Radio Telephone Co. v. United States, 273 U.S.
236, 242 (1927) (finding that a nonexclusive license is, in essence, a
mere waiver of the right to sue the licensee for 
infringement); see also Effects Associates, Inc. v. Cohen, 908 F.2d 555,
558 (9th Cir. 1990) (holding that the granting of a nonexclusive license
may be oral or by conduct and a such a license creates a waiver of the
right to sue in copyright, but not the right to sue for breach of
contract)."  Jacobsen v. Katzer, No. 3:06-cv-01905, (N.D. Cal. 2007) 

regards,
alexander.

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