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Re: GPL misappropriation


From: Alexander Terekhov
Subject: Re: GPL misappropriation
Date: Tue, 04 May 2010 16:10:00 -0000

David Kastrup wrote:
[...]
> > (Intellectual Property Licensing: Forms and Analysis)
> >
> > "Absent an explicit grant of sublicensing rights, no right to sublicense
> > is generally presumed.5 ... 5 Raufast SA v. Kniers Pizzazz, Ltd., 208
> > USPQ (BNA) 699 (EDNY 1980). "
> 
> What about "Absent an explicit grant of sublicensing rights" do you not
> understand?
> 
>     Redistribution and use in source and binary forms, with or without

Redistribution and use in source and binary forms is NOT a grant of
sublicensing rights, you silly dak.

http://www.eapdlaw.com/files/News/da4720f3-0eec-44ef-b1a6-009cca16da2e/Presentation/NewsAttachment/f773bbc6-a0e6-488c-bd1b-00e9517a6f8e/sublicense.pdf

"A sublicense is a grant by the original licensee to a third party (the
sublicensee) under the patent or other technology rights granted to the
original licensee by the licensor. There are key issues to consider,
such as whether a licensee will have the right to sublicense with or
without the licensor’s consent, how sublicense income will be shared,
and whether any sublicense will survive a termination of the license
agreement. 

Consent. Licensees who are granted non-exclusive licenses generally do
not receive the right to grant sublicenses, in part because the
potential sublicensee can obtain a direct license from the licensor. In
fact, it is generally held that a non-exclusive patent licensee cannot
grant sublicenses unless it is expressly granted such right. However,
exclusive licenses commonly include a right to sublicense, at least with
the consent of the licensor. "

regards,
alexander.

P.S. "I'm insufficiently motivated to go set up a GNU/Linux system 
so that I can do the builds."

Hyman Rosen <address@hidden> The Silliest GPL 'Advocate'

P.P.S. "Of course correlation implies causation! Without this 
fundamental principle, no science would ever make any progress."

Hyman Rosen <address@hidden> The Silliest GPL 'Advocate'

--
http://gng.z505.com/index.htm 
(GNG is a derecursive recursive derecursion which pwns GNU since it can 
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards 
too, whereas GNU cannot.)


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