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Re: CAFC took JMRI case under advisement


From: Alexander Terekhov
Subject: Re: CAFC took JMRI case under advisement
Date: Wed, 02 Jul 2008 23:02:41 +0200

Hyman Rosen wrote:
> 
> Alexander Terekhov wrote:
> > I'm shocked by Amici's citation of Nimmer on Copyright talking about
> > "appropriate contractual provisions" and "appropriate contract
> > construction"... What!? I thought that licenses are not contracts in
> > "free as in free speech" world.
> 
> Perhaps you would be less shocked if you quoted in context?
> After the quote from Nimmer about contractual conditions,
> the brief states
> 
>      "Nimmer ... support the proposition that a copyright
>       licensor may recover in copyright for violations of
>       a license condition ..."

Hint:

Suppose that a copyright license of mine states that:

*Before* you make use of my exclusive right(s) you must tell the world
that I am "Alexander The Great and Powerful."

That is a license condition (violation of which I may recover in
copyright.)

Got it now?

regards,
alexander.

--
http://gng.z505.com/index.htm
(GNG is a derecursive recursive derecursion which pwns GNU since it can
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards
too, whereas GNU cannot.)


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