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Re: Zonker on Open Source licenses ..

From: Hyman Rosen
Subject: Re: Zonker on Open Source licenses ..
Date: Wed, 04 Mar 2009 13:45:49 -0500
User-agent: Thunderbird (Windows/20081209)

Alexander Terekhov wrote:
Assume defendant's line of reasoning that the contract is in force but
its certain provision(s) are void/unenforcable or in alternative that
the contract gives rise to the doctrine of copyright misuse making
plaintiffs copyrights void/unenforcable "until the misuse has been
purged and its effects no longer exist" (voiding the entire contract due
to lack of consideration and/or illegality but providing impunity to
infringe plaintiff's copyrights).

But of course no defendant has ever maintained that line of reasoning.
The only ones who do that are the usenet cranks. Were a defendant to
actually do that and follow through with the case, we would have something
interesting to see, but they never do. They just settle and comply.

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