Re: Jacobsen v Katzer, 535 F.3d 1373 overruled by the US Ninth CircuitCourtof Appeals

[Hyman Rosen]

On 12/21/2010 10:56 AM, Alexander Terekhov wrote:
> Essentially, the Ninth Circuit concluded that the
> breach of a license agreement must implicate one of the exclusive rights
> of copyright to give rise to a copyright infringement claim:  "[W]e have
> held that the potential for infringement exists only where the
> licensee's action (1) exceeds the license's scope (2) in a manner that
> implicates one of the licensor's exclusive statutory rights."

Yes, exactly. Copying and distributing outside the permissions
granted by the GPL satisfies both of these. The court gave an
example itself, of creating a derivative work.