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Re: Zonker on Open Source licenses ..

From: Rjack
Subject: Re: Zonker on Open Source licenses ..
Date: Wed, 04 Mar 2009 10:34:38 -0500
User-agent: Thunderbird (Windows/20081209)

Hyman Rosen wrote:
Rjack wrote:
rescission of the contract only occurs upon affirmative acts by
the licensor

Like the suits filed by the SFLC?

We'll never know. Voluntary dismissals don't allow for legal review
of the GPL's enforceability. Rescission requests based upon
non-performance of an illegal contract term will not be granted.

Restatement (Second) of Contracts
Article 178
When a Term Is Unenforceable on Grounds of Public Policy:

(1) A promise or other term of an agreement is unenforceable on
grounds of public policy if legislation provides that it is
unenforceable or the interest in its enforcement is clearly
outweighed in the circumstances of such terms.


Welcome to the Copyright Act GNUtians:

ยง 301. Preemption with respect to other laws
(a) On and after January 1, 1978, all legal or equitable rights that
are equivalent to any of the exclusive rights within the general
scope of copyright as specified by section 106 in works of
authorship that are fixed in a tangible medium of expression and
come within the subject matter of copyright as specified by sections
102 and 103, whether created before or after that date and whether
published or unpublished, are governed exclusively by this title.
Thereafter, no person is entitled to any such right or equivalent
right in any such work under the common law or statutes of any State.

The intent of Congress is stated in House Report no. 94-1476:

"Preemption of State Law. The intention of section 301 is to preempt
and abolish any rights under the common law or statutes of a State
that  are equivalent to copyright and that extend to works coming
within the  scope of the Federal copyright law. The declaration of
this principle in section 301 is intended to be stated in the
clearest and most unequivocal language possible, so as to foreclose
any conceivable misinterpretation of its unqualified intention that
Congress shall act preemptively, and to avoid the development of any
vague borderline areas between State and Federal protection."

So much for Stallman's "copyleft law". He. He.

Rjack :)

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