[Top][All Lists]

[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]

Re: Copyright Misuse Doctrine in Apple v. Psystar

From: Rahul Dhesi
Subject: Re: Copyright Misuse Doctrine in Apple v. Psystar
Date: Sat, 28 Feb 2009 12:56:49 +0000 (UTC)
User-agent: nn/6.7.0

Rjack <> writes:

>That's not even wrong -- the SFLC raises the existence of the GPL
>license in their Complaint. The defendant need not claim compliance
>or for that matter need plead *anything*:

>"Copyright disputes involving only the scope of the alleged infringer's
>license present the court with a question that essentially is one of
>contract: whether the parties' license agreement encompasses the
>defendant's activities. Just as in an ordinary contract action, the
>party claiming a breach carries the burden of persuasion."; BOURNE v.
>WALT DISNEY CO. 68 F.3d 621 (1995)

There is no need for the plaintiff to show a breach unless somebody has
shown that a contract formed in the first place. So at the very least,
the defendant has to argue that a contract formed; else it's a simple
copyright infringement case.

And by the way, were you not able to find a suitable case on the public
Internet? Is there a shortage of publicly accessible cases that support
your arguments?

reply via email to

[Prev in Thread] Current Thread [Next in Thread]