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Re: Effect of transfer of copyright on free software licenses?


From: Hyman Rosen
Subject: Re: Effect of transfer of copyright on free software licenses?
Date: Thu, 23 Jul 2009 12:34:59 -0400
User-agent: Thunderbird 2.0.0.22 (Windows/20090605)

Alexander Terekhov wrote:
"A copyright license is a contract like any other contract"

We say that open licenses are not contracts because their
distinguishing feature is that they are a one-way grant from the
copyright holder to anyone who wishes to meet the conditions of
the license, and unlike contracts, there is no negotiated agreement
between the parties.

The case you cite involves a negotiated copyright license between
Microsoft and Apple. Of course that kind of a license is the same
as a contract. But that's different, and the appeals court in
Jacobson v. Katzer understood this and made the distinction in its
findings: <http://www.cafc.uscourts.gov/opinions/08-1001.pdf>
   Having determined that the terms of the Artistic License are
   enforceable copyright conditions...

Your incessant quoting of "A copyright license is a contract like
any other contract" is as stupid and meaningless as trying to win
an argument by citing a dictionary definition of a word. The context
which led to the court saying this makes all the difference.


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