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Re: Copyright Misuse Doctrine in Apple v. Psystar

From: Rjack
Subject: Re: Copyright Misuse Doctrine in Apple v. Psystar
Date: Tue, 10 Feb 2009 17:55:13 -0500
User-agent: Thunderbird (Windows/20081209)

Alexander Terekhov wrote:

"The doctrine “forbids the use of the [copyright] to secure an
exclusive right or limited monopoly not granted by the [Copyright]
Office and which is contrary to public policy to grant.” Altera
Corp. v. Clear Logic, Inc., 424 F.3d 1079, 1090 (9th Cir.
2005)(citation omitted)."

This is the central flaw of the GPL license. It attempts to secure
the exclusive rights of a modifying author who accepts GPL code by
attempting to force them to license their modifications "to all
third parties" under terms of the GPL. A "viral" public copyright
license is the very definition of copyright misuse.

Rjack :)

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