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From: | Rjack |
Subject: | Re: Tom Tom and Microsofts Linux patent lock-down .. |
Date: | Tue, 17 Mar 2009 19:19:06 -0400 |
User-agent: | Thunderbird 2.0.0.19 (Windows/20081209) |
Thufir Hawat wrote:
On Tue, 17 Mar 2009 14:32:21 -0400, Rjack wrote:Is any EULA enforced under copyright law? I thought that theThere go the goalposts! You wish to minimize my assertion. Let me repeat. "The GPL is unenforceable under U.S. copyright law".logic went: here's an EULA, abide by it or not. I don't believe that the EULA is under copyright law at all, but provides a way around copyright. Failure to abide by the EULA might then prompt a lawsuit, for instance on copyright infringement.-Thufir
A EULA is a contract under U.S. law. A court interprets a EULA (a copyright license) under contract law for terms that do *not* involve "scope of use" restrictions. Violation of contractual covenants (breaches) are enforced under contract law. If a scope of use violation occurs, then enforcement under copyright law occurs. Sincerely, Rjack :)
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