Let's give PJ and Eben Moglen the benefit of the doubt.
Perhaps they are simply making what is known in philosophy as a "category error". "A category mistake, or category error, is a semantic or ontological error by which a property is ascribed to a thing that could not possibly have that property. For example, the statement "the business of the book sleeps eternally" is syntactically correct, but it is meaningless or nonsense or, at the very most, metaphorical, because it incorrectly ascribes the property, sleeps eternally, to business, and incorrectly ascribes the property, business, to the token, the book." http://en.wikipedia.org/wiki/Category_error Cars are in the category (have the property) of "machine". Dogs are in the category (have the property) "animals". If you call a dog a machine you are committing a category error. "Conditions" are properties of "contract construction". "Field (scope) of use" restrictions are properties of "RIGHTS GRANTS". If you have a copyrighted drawing of Whiffy the Cat and you license the RIGHTS GRANT as "You may use the drawing on silk screened t-shirts" that is a "field (scope) of use" restriction. If you then draw Whiffy the Cat on dresses instead, you are guilty of exceeding the "field (scope) of use" restriction on the RIGHTS GRANT. YOU ARE GUILTY OF COPYRIGHT INFRINGEMENT -- no contract interpretation required! A RIGHTS GRANT directly describes how the rights enumerated in 17 USC sec 106 *CAN BE PUT TO USE*. "License conditions" are used as terms of contract construction/interpretation in the formation of a contract. RIGHTS GRANTS are conveyed to licensees through contracts. Contracts describe how the permissions described in RIGHTS GRANTS are "binding" on the parties to an intellectual property license with respect to liability. "Field (scope) of use" and "Contract condition" are NOT THE SAME THING. OK now! Once more! PJ and Eben harken! "Field (scope) of use" and "Contract condition" are NOT THE SAME THING. "Field (scope) of use" and "Contract condition" are NOT THE SAME THING. "Field (scope) of use" and "Contract condition" are NOT THE SAME THING. Sincerely, Rjack -- FIELD OF USE RESTRICTION [general intellectual property-antitrust]. A provision in an intellectual property license restricting the licensee to use of the licensed property only in a defined product or service market. -- _______________________________________________ gnu-misc-discuss mailing list [email protected] http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss
