Re: Settlements

[Hyman Rosen]

On 2/26/2010 12:08 PM, Alexander Terekhov wrote:
> Stop confusing conditions v. scope limitations v. covenants, silly
> Hyman. There is a reason why these concepts are different.
> Bluntly calling license's obligations and limitations "conditions"
> doesn't change anything (except making things worse for the
> licensor/drafter).

<http://www.cafc.uscourts.gov/opinions/08-1001.pdf>
    Jacobsen argues that the terms of the Artistic License define
    the scope of the license and that any use outside of these
    restrictions is copyright infringement. Katzer/Kamind argues
    that these terms do not limit the scope of the license and are
    merely covenants providing contractual terms for the use of the
    materials, and that his violation of them is neither compensable
    in damages nor subject to injunctive relief.
    ...
    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.
    ...
    For the aforementioned reasons, we vacate and remand.