Re: Settlements

[RJack]

Hyman Rosen wrote:
> On 3/1/2010 2:16 PM, RJack wrote:

> The only use involved here is copying and distribution, which are 
> among the enumerated exclusive rights of the statute.

You are finally seeing the light Hyman! Copying and distribution are
*expressly* permitted by the Artistic license with neither scope of use
restriction nor condition precedent to limit the licensed rights -- the
only contractual covenants such as promises to "attribute" and
"licensing". Jacobsen's claims sound in breach of contract and not
copyright infringement.

I knew you'd get it sooner or later! When did you finally realize that
simply using a phrase like "provided that" cannot magically turn a
contractual covenant into a scope of use restriction or condition
precedent? The Supreme Court stated that fact with crystal clarity:

"An unlicensed use of the copyright is not an infringement unless it
conflicts with one of the specific exclusive rights conferred by the
copyright statute. Twentieth Century Music Corp. v. Aiken, 422 U.S., at
154-155."; SONY CORP. OF AMER. v. UNIVERSAL CITY STUDIOS, INC., 464 U.S.
417 (1984).

Supreme Court vs. moron. Court wins.

ROFL

Sincerely,
RJack :)