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Re: Significance of the GP licence.
From: |
Hyman Rosen |
Subject: |
Re: Significance of the GP licence. |
Date: |
Tue, 04 May 2010 16:07:51 -0000 |
User-agent: |
Mozilla/5.0 (Windows; U; Windows NT 5.1; en-US; rv:1.9.1.5) Gecko/20091204 Thunderbird/3.0 |
On 3/9/2010 11:48 AM, RJack wrote:
"Copyleft" style licenses are unenforceable under U.S. law.
No, that's not correct. A court has enforced an open license:
<http://www.cafc.uscourts.gov/opinions/08-1001.pdf>
Copyright holders who engage in open source licensing have
the right to control the modification and distribution of
copyrighted material. As the Second Circuit explained in
Gilliam v. ABC, 538 F.2d 14, 21 (2d Cir. 1976), the
"unauthorized editing of the underlying work, if proven,
would constitute an infringement of the copyright in that
work similar to any other use of a work that exceeded the
license granted by the proprietor of the copyright."
Copyright licenses are designed to support the right to
exclude; money damages alone do not support or enforce that
right. The choice to exact consideration in the form of
compliance with the open source requirements of disclosure
and explanation of changes, rather than as a dollar-
denominated fee, is entitled to no less legal recognition.
Indeed, because a calculation of damages is inherently
speculative, these types of license restrictions might well
be rendered meaningless absent the ability to enforce through
injunctive relief.
- Re: Significance of the GP licence., (continued)
- Re: Significance of the GP licence., Alan Mackenzie, 2010/05/04
- Re: Significance of the GP licence., RJack, 2010/05/04
- Re: Significance of the GP licence., David Kastrup, 2010/05/04
- Re: Significance of the GP licence., RJack, 2010/05/04
- Re: Significance of the GP licence., David Kastrup, 2010/05/04
- Re: Significance of the GP licence., Alexander Terekhov, 2010/05/04
- Re: Significance of the GP licence., Alan Mackenzie, 2010/05/04
- Re: Significance of the GP licence., David Kastrup, 2010/05/04
- Re: Significance of the GP licence., RJack, 2010/05/04
- Re: Significance of the GP licence., David Kastrup, 2010/05/04
- Re: Significance of the GP licence.,
Hyman Rosen <=
- Re: Significance of the GP licence., RJack, 2010/05/04
- Re: Significance of the GP licence., Hyman Rosen, 2010/05/04
- Re: Significance of the GP licence., RJack, 2010/05/04
- Re: Significance of the GP licence., VICTOR TARABOLA CORTIANO, 2010/05/04
- Re: Versa trashes the GPL as well, Hyman Rosen, 2010/05/04
- Re: Versa trashes the GPL as well, RJack, 2010/05/04
- Re: Versa trashes the GPL as well, Hyman Rosen, 2010/05/04
- Re: Versa trashes the GPL as well, RJack, 2010/05/04
- Re: Versa trashes the GPL as well, Hyman Rosen, 2010/05/04
- Re: Versa trashes the GPL as well, RJack, 2010/05/04