Re: JMRI case -- Implementation of the Federal Circuit's Opinion

[Hyman Rosen]

Alexander Terekhov wrote:
> Why do you keeping confusing scope-of-use limitations of
> the grant with conditions to the grant, Hyman?

Fortunately, I am not doing that.

> Hardcover (durable copy) and paperback (non-durable copy) "uses" have
> nothing to do with covenants you want the licensee to adhere to.

Open licenses require that distribution takes place in certain manners.
Those generally include passing along the license to the recipients, so
that the distributors bind themselves to the license requirements. It is
similar to those checks one gets which have a little contract above the
signaure line, so that cashing the check means acceptance of the contract.

The requirement of distributing the work with the license accompanying it
is where the hardcover/paperback analogy applies. And by the way, your
parenthetic durable vs. non-durable additions are meaningless. Agreements
are for format, not durability. Paperback publishers would be surprised to
hear their books described as non-durable.