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From: | Hyman Rosen |
Subject: | Re: softwarefreedom.org and busybox fellows 'win' DEFAULT JUDGMENT |
Date: | Fri, 12 Sep 2008 15:01:43 -0400 |
User-agent: | Thunderbird 2.0.0.16 (Windows/20080708) |
Alexander Terekhov wrote:
Given that you seem to so like the CAFC's ruling in the JMRI case, it appears that you're not only in favor of copyright in general but also want to strengthen the hand of the copyright holders by letting recovery of the licensee's breaches under tort law, not contract... is that right, Hyman? Just asking.
I believe that a copyright holder gets to set the terms under which copies may be made and distributed, and if someone copies and distributes without honoring those terms, he is liable for copyright infringement, and the holder can sue to stop the infringement and to recover statutory damages. It doesn't much matter whether or not I'm in favor of copyright, because it's not going away. Given that it exists, then the above is the logical way for it to behave.
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