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Re: JMRI case -- Implementation of the Federal Circuit's Opinion
From: |
Hyman Rosen |
Subject: |
Re: JMRI case -- Implementation of the Federal Circuit's Opinion |
Date: |
Fri, 31 Jul 2009 14:49:48 -0400 |
User-agent: |
Thunderbird 2.0.0.22 (Windows/20090605) |
Alexander Terekhov wrote:
And on basis of what law do you think that Appeelees are obliged to let
third parties know about those "extra permissions granted to them by the
copyright holder, above those allowed by copyright law"
17 USC 106(3) <http://www.law.cornell.edu/uscode/17/106.html>
Subject to sections 107 through 122, the owner of
copyright under this title has the exclusive rights
to do and to authorize any of the following:
(3) to distribute copies or phonorecords of the
copyrighted work to the public by sale or other
transfer of ownership, or by rental, lease, or
lending;
The terms of distribution are under the control of the
copyright holder, as when he separately authorizes the
creation of hardcover and paperback copies of a book.
In the case of open licenses, one of the requirements
is that distribution be accompanied by the license.
An "if" hypothetical is not evidence.
There is no need for evidence. One of the purposes of
an amicus brief is to point out possible consequences
of a decision, including to parties outside the case.
http://terekhov.de/2009-1221/AppelleeBrief.pdf
The claims of a brief are not evidence either.
- Re: JMRI case -- Implementation of the Federal Circuit's Opinion, (continued)
- Re: JMRI case -- Implementation of the Federal Circuit's Opinion, Alexander Terekhov, 2009/07/29
- Re: JMRI case -- Implementation of the Federal Circuit's Opinion, Alexander Terekhov, 2009/07/31
- Re: JMRI case -- Implementation of the Federal Circuit's Opinion, Hyman Rosen, 2009/07/31
- Re: JMRI case -- Implementation of the Federal Circuit's Opinion, Alexander Terekhov, 2009/07/31
- Re: JMRI case -- Implementation of the Federal Circuit's Opinion, Hyman Rosen, 2009/07/31
- Re: JMRI case -- Implementation of the Federal Circuit's Opinion, Alexander Terekhov, 2009/07/31
- Re: JMRI case -- Implementation of the Federal Circuit's Opinion, Hyman Rosen, 2009/07/31
- Re: JMRI case -- Implementation of the Federal Circuit's Opinion, Alexander Terekhov, 2009/07/31
- Re: JMRI case -- Implementation of the Federal Circuit's Opinion, Hyman Rosen, 2009/07/31
- Re: JMRI case -- Implementation of the Federal Circuit's Opinion, Alexander Terekhov, 2009/07/31
- Re: JMRI case -- Implementation of the Federal Circuit's Opinion,
Hyman Rosen <=
- Re: JMRI case -- Implementation of the Federal Circuit's Opinion, Alexander Terekhov, 2009/07/31
- Re: JMRI case -- Implementation of the Federal Circuit's Opinion, Rjack, 2009/07/31
- Re: JMRI case -- Implementation of the Federal Circuit's Opinion, Hyman Rosen, 2009/07/31
- Re: JMRI case -- Implementation of the Federal Circuit's Opinion, Rjack, 2009/07/31
- Re: JMRI case -- Implementation of the Federal Circuit's Opinion, Hyman Rosen, 2009/07/31
- Re: JMRI case -- Implementation of the Federal Circuit's Opinion, Alexander Terekhov, 2009/07/31