rjack wrote: > > Hyman Rosen wrote: > > 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. > > How 'bout this discussion: > > "However, implicit in a nonexclusive license is the promise not to sue for > copyright infringement. See In re CFLC, Inc., 89 F.3d 673, 677 (9th Cir. > 1996), > citing De Forest Radio Telephone Co. v. United States, 273 U.S. 236, 242 > (1927) > (finding that a nonexclusive license is, in essence, a mere waiver of the > right > to sue the licensee for infringement); see also Effects Associates, Inc. v. > Cohen, 908 F.2d 555, 558 (9th Cir. 1990) (holding that the granting of a > nonexclusive license may be oral or by conduct and a such a license creates a > waiver of the right to sue in copyright, but not the right to sue for breach > of > contract)." Jacobsen v. Katzer, No. 3:06-cv-01905, (N.D. Cal. 2007)
Hey Hyman, To repeat: suppose that a copyright license contract of mine clearly states that *Before* you make use of my exclusive right(s) you must tell the world that I am "Alexander The Great and Powerful." That is a license condition (violation of which I may recover in copyright.) http://www.duhaime.org/LegalDictionary/C/Conditionprecedent.aspx ------ Condition precedent A contractual condition that suspends the coming into effect of a contract unless or until a certain event takes place. ------ Consider also the following: http://bulk.resource.org/courts.gov/c/F3/110/110.F3d.749.96-2636.html ------ "Conditions precedent are disfavored and will not be read into a contract unless required by plain, unambiguous language." Effects Associates, 908 F.2d at 559 n. 7. On July 2, 1993 ------ regards, alexander. -- http://gng.z505.com/index.htm (GNG is a derecursive recursive derecursion which pwns GNU since it can be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards too, whereas GNU cannot.) _______________________________________________ gnu-misc-discuss mailing list [email protected] http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss
