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. _______________________________________________ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss
