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Re: Tom Tom and Microsofts Linux patent lock-down ..

From: Rjack
Subject: Re: Tom Tom and Microsofts Linux patent lock-down ..
Date: Tue, 17 Mar 2009 19:19:06 -0400
User-agent: Thunderbird (Windows/20081209)

Thufir Hawat wrote:
On Tue, 17 Mar 2009 14:32:21 -0400, Rjack wrote:

There go the goalposts! You wish to minimize my assertion. Let
me repeat. "The GPL is unenforceable under U.S. copyright law".

Is any EULA enforced under copyright law? I thought that the
logic went:  here's an EULA, abide by it or not.  I don't believe
that the EULA is under copyright law at all, but provides a way
around copyright. Failure to abide by the EULA might then prompt
a lawsuit, for instance on copyright infringement.

A EULA is a contract under U.S. law. A court interprets a EULA (a
copyright license) under contract law for terms that do *not*
involve "scope of use" restrictions. Violation of contractual
covenants (breaches) are enforced under contract law. If a scope of
use violation occurs, then enforcement under copyright law occurs.

Rjack :)

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