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Re: Recommendation for a CL data structures library
From: |
Hyman Rosen |
Subject: |
Re: Recommendation for a CL data structures library |
Date: |
Tue, 04 May 2010 16:11:43 -0000 |
User-agent: |
Mozilla/5.0 (Windows; U; Windows NT 6.0; en-US; rv:1.9.1.8) Gecko/20100227 Thunderbird/3.0.3 |
On 3/29/2010 12:43 PM, Alexander Terekhov wrote:
"The copyright misuse defense is similar to an antitrust claim, where a
copyright owner has misused the limited monopoly granted by the
copyright. However, the Lasercomb decision made it clear that the
copyright misuse defense is available even when the misuse does not
reach the level of an antitrust violation. "
Well, here is the Lasercomb decision:
<http://digital-law-online.info/cases/15PQ2D1846.htm>
Lasercomb undoubtedly has the right to protect against copying
of the Interact code. Its standard licensing agreement, however,
goes much further and essentially attempts to suppress any
attempt by the licensee to independently implement the idea
which Interact expresses. The agreement forbids the licensee
to develop or assist in developing any kind of computer-assisted
die-making software. If the licensee is a business, it is to
prevent all its directors, officers and employees from assisting
in any manner to develop computer-assisted die-making software.
Although one or another licensee might succeed in negotiating out
the noncompete provisions, this does not negate the fact that
Lasercomb is attempting to use its copyright in a manner adverse
to the public policy embodied in copyright law, and that it has
succeeded in doing so with at least one licensee.
...
We think the anticompetitive language in Lasercomb’s licensing
agreement is at least as egregious as that which led us to bar
the infringement action in Compton, and therefore amounts to
misuse of its copyright. Again, the analysis necessary to a
finding of misuse is similar to but separate from the analysis
necessary to a finding of antitrust violation. The misuse arises
from Lasercomb’s attempt to use its copyright in a particular
expression, the Interact software, to control competition in an
area outside the copyright, i.e., the idea of computer-assisted
die manufacture, regardless of whether such conduct amounts to
an antitrust violation.
As you can see, misuse of copyright occurs just as I said it does,
when copyright is used in an attempt to limit competition. But as
Daniel Wallace discovered, and as you appear not to know no matter
how often you are told, the GPL does not limit competition. Rather,
by requiring that source code be free, it enhances competition by
making the use of covered works available to anyone who receives
them. It is fundamental to the understanding of anti-competitive
doctrine that these laws protect the public, not the competitors.
- Re: Recommendation for a CL data structures library, (continued)
- Re: Recommendation for a CL data structures library, Hyman Rosen, 2010/05/04
- Re: Recommendation for a CL data structures library, Alexander Terekhov, 2010/05/04
- Re: Recommendation for a CL data structures library, Alexander Terekhov, 2010/05/04
- Re: Recommendation for a CL data structures library, Hyman Rosen, 2010/05/04
- Re: Recommendation for a CL data structures library, Alexander Terekhov, 2010/05/04
- Re: Recommendation for a CL data structures library, Hyman Rosen, 2010/05/04
- Re: Recommendation for a CL data structures library, Hyman Rosen, 2010/05/04
- Re: Recommendation for a CL data structures library, RJack, 2010/05/04
- Re: Recommendation for a CL data structures library, Hyman Rosen, 2010/05/04
- Re: Recommendation for a CL data structures library, Alexander Terekhov, 2010/05/04
- Re: Recommendation for a CL data structures library,
Hyman Rosen <=
- Re: Recommendation for a CL data structures library, Alexander Terekhov, 2010/05/04
- Re: Recommendation for a CL data structures library, Hyman Rosen, 2010/05/04
- Re: Recommendation for a CL data structures library, Alexander Terekhov, 2010/05/04
- Re: Recommendation for a CL data structures library, Hyman Rosen, 2010/05/04
- Re: Recommendation for a CL data structures library, Alexander Terekhov, 2010/05/04
- Re: Recommendation for a CL data structures library, Hyman Rosen, 2010/05/04
- Re: Recommendation for a CL data structures library, Alexander Terekhov, 2010/05/04
- Re: Recommendation for a CL data structures library, Hyman Rosen, 2010/05/04
- Re: Recommendation for a CL data structures library, RJack, 2010/05/04
- Re: Recommendation for a CL data structures library, Alexander Terekhov, 2010/05/04