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Re: Did I finally figure out the rationale?


From: John Hasler
Subject: Re: Did I finally figure out the rationale?
Date: Sun, 27 May 2007 14:56:07 -0500
User-agent: Gnus/5.11 (Gnus v5.11) Emacs/22.0.99 (gnu/linux)

mike3 writes:
> But then when does [the Microsoft EULA] become a contract?

A copyright license is anything that grants some of the exclusive rights of
the copyright owner to someone else.  Thus it is possible for a contract to
grant a copyright license as part or all of the consideration and therefor
be described as "a copyright license".  In fact, most "copyright licenses"
--those between authors and publishers for example-- are contracts as well.

For the Microsoft EULA to be a copyright license as well as a contract it
would have to grant you some of the exclusive rights of the copyright owner
in addition to taking away many of the rights the copy owner would
otherwise have.  I was not aware that it did the so, but I haven't seen a
recent version.

Note that purporting to grant rights the copy owner already has does not
count.
-- 
John Hasler 
address@hidden
Dancing Horse Hill
Elmwood, WI USA


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