Re: Tom Tom and Microsofts Linux patent lock-down ..

[Rjack]

Thufir Hawat wrote:
> On Tue, 17 Mar 2009 14:32:21 -0400, Rjack wrote:
>
> > There go the goalposts! You wish to minimize my assertion. Let
> > me repeat. "The GPL is unenforceable under U.S. copyright law".
>  
> Is any EULA enforced under copyright law?  I thought that the
> logic went:  here's an EULA, abide by it or not.  I don't believe
> that the EULA is under copyright law at all, but provides a way
> around copyright. Failure to abide by the EULA might then prompt
> a lawsuit, for instance on copyright infringement.
>  
> -Thufir

A EULA is a contract under U.S. law. A court interprets a EULA (a
copyright license) under contract law for terms that do *not*
involve "scope of use" restrictions. Violation of contractual
covenants (breaches) are enforced under contract law. If a scope of
use violation occurs, then enforcement under copyright law occurs.

Sincerely,
Rjack :)