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Re: Effect of transfer of copyright on free software licenses?


From: Hyman Rosen
Subject: Re: Effect of transfer of copyright on free software licenses?
Date: Thu, 23 Jul 2009 16:35:23 -0400
User-agent: Thunderbird 2.0.0.22 (Windows/20090605)

Rjack wrote:
Where in it's utterly *non-precendental* and erroneous decision did

Oops, it's court vs. crank again!

the CAFC state that *all* open license requirements are enforceable
copyright conditions?

<http://www.cafc.uscourts.gov/opinions/08-1001.pdf>
    Copyright holders who engage in open source licensing have the
    right to control the modification and distribution of copyrighted
    material.
    ...
    Copyright licenses are designed to support the right to exclude;
    money damages alone do not support or enforce that right. The
    choice to exact consideration in the form of compliance with the
    open source requirements of disclosure and explanation of changes,
    rather than as a dollar-denominated fee, is entitled to no less
    legal recognition.
    ...
    The clear language of the Artistic License creates conditions
    to protect the economic rights at issue in the granting of a
    public license. These conditions govern the rights to modify
    and distribute the computer programs and files included in the
    downloadable software package.


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