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Re: IBM's appellee brief in Wallace case
From: |
Alexander Terekhov |
Subject: |
Re: IBM's appellee brief in Wallace case |
Date: |
Mon, 24 Jul 2006 13:45:49 +0200 |
Rui Miguel Silva Seabra wrote:
[...]
> So either you're misquoting, or Nimmer's
It's neither. It's just your stupidity. Failure to perform according
to the covenants stated in the GPL is not a copyright infringement. It
is a contract breach, idiot.
"We think that the payment of royalties and the inclusion of a notice
crediting James's authorship are to be considered covenants, not
conditions. The construction of the licensing agreement is governed
by New York law. See Bartsch v. Metro-Goldwyn-Mayer, Inc. , 391 F.2d
150, 153 (2d Cir. 1968). Generally speaking, New York respects a
presumption that terms of a contract are covenants rather than
conditions ... 'The law favors covenants, rather than conditions
precedent.'), aff'd , 193 N.Y. 661 (1908)." Graham id.
The GPL contains no conditions precendent. At least under New York law.
Here the word "conditions" is historical and refers generally to
"conditions precedent"... some condition that must be satisfied
*before* a grant of rights is effective. Failure to meet a "condition
precedent" stated in a contract gives rise to an infringement
violation under section 504 because you never got permission in the
first place. Conditions precedent are disfavored in the law:
"Nor can we construe payment in full as a condition precedent to
implying a license. Conditions precedent are disfavored and will not
be read into a contract unless required by plain, unambiguous
language." Sulmeyer v. United States (In re Bubble Up Delaware, Inc.),
684 F.2d 1259, 1264 (9th Cir.1982)
regards,
alexander.
- Re: IBM's appellee brief in Wallace case, Alexander Terekhov, 2006/07/20
- Re: IBM's appellee brief in Wallace case, Alexander Terekhov, 2006/07/20
- Re: IBM's appellee brief in Wallace case, Alexander Terekhov, 2006/07/20
- Re: IBM's appellee brief in Wallace case, Alexander Terekhov, 2006/07/22
- Re: IBM's appellee brief in Wallace case, Alexander Terekhov, 2006/07/22
- Message not available
- Re: IBM's appellee brief in Wallace case,
Alexander Terekhov <=
- Re: IBM's appellee brief in Wallace case, Rui Miguel Silva Seabra, 2006/07/24
- Message not available
- Re: IBM's appellee brief in Wallace case, Alexander Terekhov, 2006/07/24
- Re: IBM's appellee brief in Wallace case, Rui Miguel Silva Seabra, 2006/07/24
- Message not available
- Re: IBM's appellee brief in Wallace case, John Hasler, 2006/07/24
- Message not available
- Re: IBM's appellee brief in Wallace case, Alexander Terekhov, 2006/07/25
- Re: IBM's appellee brief in Wallace case, Rui Miguel Silva Seabra, 2006/07/25
- Message not available
- Re: IBM's appellee brief in Wallace case, Alexander Terekhov, 2006/07/26
Re: IBM's appellee brief in Wallace case, Alexander Terekhov, 2006/07/26