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Re: SFLC stipulated dismissal of Comtrend without any settlement


From: David Kastrup
Subject: Re: SFLC stipulated dismissal of Comtrend without any settlement
Date: Tue, 04 May 2010 16:15:06 -0000
User-agent: Gnus/5.13 (Gnus v5.13) Emacs/23.1.92 (gnu/linux)

Alexander Terekhov <address@hidden> writes:

> Hyman Rosen wrote:
>> 
>> On 4/13/2010 12:02 PM, Alexander Terekhov wrote:
>> > Implicit in a nonexclusive copyright license is the promise not to sue
>> > for copyright infringement.
>> 
>> But it is only an anti-GPL crank who would believe that
>> he could accept the permissions of a license but not its
>> obligations.
>
> The contract laws recognize a concept called "efficient breach" which
> *encourages* breach of (enforcable) obligations if it's economically
> efficient to do so.  Compliance with license/contract obligations is
> almost always voluntary -- if you choose not to comply, then you don't
> have to. You merely have to compensate the non-breaching party for his
> expectancy interest. Hint: damages.

That's the case with a contract.  But if you choose not to comply with
licensing conditions, the license just does not apply.

-- 
David Kastrup


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