Re: Copyright Misuse Doctrine in Apple v. Psystar

[Rjack]

Alexander Terekhov wrote:

"The doctrine “forbids the use of the [copyright] to secure an
exclusive right or limited monopoly not granted by the [Copyright]
Office and which is contrary to public policy to grant.” Altera
Corp. v. Clear Logic, Inc., 424 F.3d 1079, 1090 (9th Cir.
2005)(citation omitted)."

http://docs.justia.com/cases/federal/district-courts/california/candce/3:2008cv03251/204881/52/0.pdf


This is the central flaw of the GPL license. It attempts to secure
the exclusive rights of a modifying author who accepts GPL code by
attempting to force them to license their modifications "to all
third parties" under terms of the GPL. A "viral" public copyright
license is the very definition of copyright misuse.

Sincerely,
Rjack :)