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Re: SFLC chooses wrong court

From: rjack
Subject: Re: SFLC chooses wrong court
Date: Thu, 27 Sep 2007 22:17:51 -0500
User-agent: Mozilla/5.0 (Windows; U; Windows NT 5.0; en-US; rv:1.7.2) Gecko/20040804 Netscape/7.2 (ax)

Tim Smith wrote:
In article"><>,
 rjack <rjack@com> wrote:
Failing to distribute source code is a contract breach and not a 
violation of a work's permitted use under copyright law. There is 
obviously no provision under U.S. copyright law to *force* a party who 
has permission to copy and make derivative works to distribute those 
copyrighted works. Those actions are solely a contractual matter.
Irrelevant, since plaintiff's claim is that Monsoon is not a party who 
has permission to copy and make derivative works.
Sure it's relevant  Monsoon has an existing copy of the GPL license.

"As we said in Bourne , when the contested issue is the scope of a license, rather than the existence of one, the copyright owner bears the burden of proving that the defendant's copying was unauthorized under the license and the license need not be pleaded as an affirmative defense." Graham v. James, 144 F.3d at 236.


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