rjack wrote:
Eben Moglen is asking the Court of Appeals for the Federal Circuit
> to overturn the clear and unequivocal language of the Supreme Court
> in De Forest Radio Tel. & Tel. Co. v. United States, 273 U.S. 236,
> United States Supreme Court (1927):
"Whether this [act] constitutes a gratuitous license, or one
> for a reasonable compensation, must, of course, depend upon
> the circumstances; but the relation between the parties
> thereafter in respect of any suit brought must be held to be
> contractual, and not an unlawful invasion of the rights of
the owner."
Here's the decision: <http://supreme.justia.com/us/273/236/case.html>.
First of all, the case was about a patent, not a copyright. Second,
the decision also says
'Concede that, if the owner had said, "If you go on and infringe
my patent, I shall not attempt to enjoin you, but I shall
subsequently sue you for infringement," the tort would not be
waived;'
and that is similar to language contained in the GPL.
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