On 3/16/2010 6:58 AM, Alexander Terekhov wrote:
Hyman Rosen wrote:
federal preemption of state
copyright enforcement has nothing to do with the GPL.
It's about
http://escholarship.org/uc/item/31t5x09h
(eScholarship: Copyright Preemption of Contracts)
http://escholarship.org/uc/item/31t5x09h
Courts now routinely reject the position that shrinkwrap
and other licenses should be held invalid as a matter of
contract law.
Copyright scholars next turned to preemption doctrine,
arguing that the Copyright Act should preempt contractual
licenses that alter the Act's "delicate balance" of rights
between owners and users. Here, too, courts have been
unreceptive. ... Preemption analysis focuses on conflicts
between federal law and state-imposed obligations, whereas
contracts reflect private ordering. Moreover, the Copyright
Act expressly allows contracts for certain purposes. Indeed,
the efficacy of the Act as a whole depends on the ability of
copyright owners to contract with others to make the most of
their copyrights.
As usual, the sources you cite contradict your thesis.
Preemption is entirely irrelevant to the GPL.
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