Hyman Rosen wrote: > > On 3/29/2010 12:43 PM, Alexander Terekhov wrote: > > "The copyright misuse defense is similar to an antitrust claim, where a > > copyright owner has misused the limited monopoly granted by the > > copyright. However, the Lasercomb decision made it clear that the > > copyright misuse defense is available even when the misuse does not > > reach the level of an antitrust violation. " > > Well, here is the Lasercomb decision: > <http://digital-law-online.info/cases/15PQ2D1846.htm>
"So while it is true that the attempted use of a copyright to violate antitrust law probably would give rise to a misuse of copyright defense, the converse is not necessarily true a misuse need not be a violation of antitrust law in order to comprise an equitable defense to an infringement action. The question is not whether the copyright is being used in a manner violative of antitrust law (such as whether the licensing agreement is reasonable), but whether the copyright is being used in a manner violative of the public policy embodied in the grant of a copyright. " regards, alexander. P.S. "Every computer program in the world, BusyBox included, exceeds the originality standards required by copyright law." Hyman Rosen <hyro...@mail.com> The Silliest GPL 'Advocate' P.P.S. "Of course correlation implies causation! Without this fundamental principle, no science would ever make any progress." Hyman Rosen <hyro...@mail.com> The Silliest GPL 'Advocate' -- 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 gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss
