Hyman Rosen wrote:
On 4/1/2010 9:34 AM, Alexander Terekhov wrote:
“[t]he economic philosophy behind the [Copyright] [C]lause … is the
conviction that encouragement of individual effort by personal
gain is the best way to advance public welfare through the talents
of authors and inventors.”
CAFC:
<http://www.cafc.uscourts.gov/opinions/08-1001.pdf> Traditionally,
copyright owners sold their copyrighted material in exchange for
money. The lack of money changing hands in open source licensing
should not be presumed to mean that there is no economic
consideration, however. There are substantial benefits, including
economic benefits, to the creation and distribution of copyrighted
works under public licenses that range far beyond traditional license
royalties.
CAFC:
"Accordingly, we deem it appropriate here to decide non-patent matters
in the light of the problems faced by the district court from which
each count originated, including the law there applicable.
...
The freedom of the district courts to follow the guidance of their
particular circuits in all but the substantive law fields assigned
exclusively to this court is recognized in the foregoing opinions and
in this case."; ATARI, INC., v. JS & A GROUP, INC., 747 F.2d 1422, 223
USPQ 1074 (Fed. Cir. 1984) (en banc).
Sincerely,
RJack :)
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