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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 15:47:21 -0400
User-agent: Thunderbird (Windows/20090605)

Alexander Terekhov wrote:

What about it? Bushnell discusses Jacob Maxwell v. Veeck, where
a court found that an implied nonexclusive license had been granted
by the rights holder due to his various failures to object to
infringing behavior. That's another case where there were direct
negotiations and unclear oral agreements between the parties. It
has nothing to do with the GPL, which spells out requirements for
the non-exclusive license in great detail, including termination
of all rights if copying and distribution is done in violation of
those requirements.

He also says
    "Acceptance through conduct has been integral to contract law
     in common-law countries since the days of writs in Chancery"
which is exactly what the GPL says - you demonstrate that you accept
it by your conduct in copying and distributing works in accordance
with its conditions.

None of this counters the appeals court finding open license
requirements are enforceable copyright conditions.

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