RE: Limits of Licenses

2000-03-28 Thread Rod Dixon, J.D., LL.M.
You got it! Rod Dixon, J.D., LL.M. www.cyberspaces.org [EMAIL PROTECTED] > -Original Message- > From: [EMAIL PROTECTED] > [mailto:[EMAIL PROTECTED]]On Behalf Of John Cowan > Sent: Tuesday, March 28, 2000 12:19 PM > To: [EMAIL PROTECTED]; [EMAIL PROTECTED] > Subj

Re: Limits of Licenses

2000-03-28 Thread John Cowan
David Johnson wrote: > I've seen several software licenses that say essentially "don't lend > the media to your friend". Well, those are EULAs, which are (colorably) contracts, not just copyright licenses, and can require you to do lots of things. The listmembers have been reproved in the past

Re: Limits of Licenses

2000-03-28 Thread John Cowan
"Rod Dixon, J.D., LL.M." wrote: > When you purchase or otherwise lawfully acquire a software program, > copyright is not "transferred" to you. Agreed. > The copyright holder (which is NOT the User) may permit certain > uses of his or her work, but the user never becomes a copyright > holder mer

Re: Limits of Licenses

2000-03-27 Thread David Johnson
On Mon, 27 Mar 2000, John Cowan wrote: > David Johnson wrote: > > > If copyright law does not give you rights A, B and C, then you do not > > have them unless the copyright holder gives them to you. > > Nope. It goes like this: At first glance I thought that was exactly what I said. Then I rer

RE: Limits of Licenses

2000-03-27 Thread Rod Dixon, J.D., LL.M.
> > > > > Can a copyright license demand that I stop using a work that I > > > have acquired > > > > lawfully if I later violate the license and infringe on the > > > copyright? Can > > > > it demand that I destroy my copy? > > The short answer is yes. Shareware agreements make such demands > fr

RE: Limits of Licenses

2000-03-27 Thread Rod Dixon, J.D., LL.M.
f you want a copyleft license. ...A couple of comments below... Rod Dixon, J.D., LL.M. www.cyberspaces.org [EMAIL PROTECTED] > -Original Message- > From: Justin Wells [mailto:[EMAIL PROTECTED]] > Sent: Monday, March 27, 2000 3:42 PM > To: [EMAIL PROTECTED] > Subject: Re

Re: Limits of Licenses

2000-03-27 Thread Justin Wells
On Mon, Mar 27, 2000 at 01:21:08PM -0500, Rod Dixon, J.D., LL.M. wrote: > > I do not know why, but people often think that contracts of > adhesion are unlawful. They are not unless they violate public > policy (unconscionability), which is a very high hurdle in most > courts. Is this a contract

Re: Limits of Licenses

2000-03-27 Thread John Cowan
"Rod Dixon, J.D., LL.M." wrote: > I do not know why, but people often think that contracts of adhesion are unlawful. Possibly because they offend people's sense of fair play? > > > Can a copyright license demand that I stop using a work that I > > have acquired > > > lawfully if I later violat

RE: Limits of Licenses

2000-03-27 Thread Rod Dixon, J.D., LL.M.
I do not know why, but people often think that contracts of adhesion are unlawful. They are not unless they violate public policy (unconscionability), which is a very high hurdle in most courts. > Justin Wells wrote: > > > Can a copyright license demand that I stop using a work that I > ha

RE: Limits of Licenses

2000-03-27 Thread Rod Dixon, J.D., LL.M.
John, You did quite well. I would like to clarify just a couple of points. > David Johnson wrote: > > > If copyright law does not give you rights A, B and C, then you do not > > have them unless the copyright holder gives them to you. > > Nope. It goes like this: > > 1) You have bough

Re: Limits of Licenses

2000-03-27 Thread John Cowan
David Johnson wrote: > If copyright law does not give you rights A, B and C, then you do not > have them unless the copyright holder gives them to you. Nope. It goes like this: 1) You have bought or acquired for free a certain thing. 2) That gives you the ordinary rights of an

Re: Limits of Licenses

2000-03-27 Thread John Cowan
Justin Wells wrote: > Can a copyright license demand that I stop using a work that I have acquired > lawfully if I later violate the license and infringe on the copyright? Can > it demand that I destroy my copy? > > Many licenses include langaue insisting that you must cease all use of > the sof

Re: Limits of Licenses

2000-03-26 Thread David Johnson
On Sun, 26 Mar 2000, Justin Wells wrote: > What reason is there to believe that free software licenses are valid at > all? If they really are contracts of adhesion, isn't that going to get > them struck down right there? I thought there was some precedent for > throwing out a contract, even if

Limits of Licenses

2000-03-26 Thread Justin Wells
On Sat, Mar 25, 2000 at 08:50:29PM -0500, John Cowan wrote: > As list members know, I scream bloody murder any time anyone brings up > the word "use". Neithert the GPL nor the Copyright Act purport to > limit use. Can a copyright license demand that I stop using a work that I have acquired lawf