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

From: Alan Mackenzie
Subject: Re: Effect of transfer of copyright on free software licenses?
Date: Thu, 23 Jul 2009 22:00:22 +0000 (UTC)
User-agent: tin/1.6.2-20030910 ("Pabbay") (UNIX) (FreeBSD/4.11-RELEASE (i386))

'Evening, Rjack!

Rjack <> wrote:

> Where in it's utterly *non-precendental* and erroneous decision did
> the CAFC state that *all* open license requirements are enforceable
> copyright conditions? The CAFC ruled on the terms of the *Artistic
> License* as to whether certain terms were conditions limiting the
> scope of the grant or "conditions precendent". The CAFC contradicted
> itself when it cited Diepenbrock v. Luiz, 159 Cal. 716 (1911).

> I am beginning to suspect that Free Softare advocates are
> intellectually incapable of grasping the difference between
> a permitted scope of use condition and a condition precedent in
> a copyright license.

This Free Software advocate could grasp the difference if he wanted, but
really doesn't give a damn.  It really isn't all that important.  It's
been sorted out by lawyers, and they'll have done their job right.  When
an error surfaces, they'll correct it.

> One restricts the *scope* of the rights grant,
> the other establishes the *existence* of the rights grant. The
> distinction seems to exceed the GNUtians cognitive abilities.


> Sincerely,
> Rjack

Alan Mackenzie (Nuremberg, Germany).

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