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Re: Intellectual Property II


From: David Kastrup
Subject: Re: Intellectual Property II
Date: Sat, 11 Feb 2006 20:40:37 +0100
User-agent: Gnus/5.11 (Gnus v5.11) Emacs/22.0.50 (gnu/linux)

Alexander Terekhov <address@hidden> writes:

> David Kastrup wrote:
> [...]
>> Nope.  It gives you additional rights depending on conditions.  You
>> can accept the conditions and make use of the rights, or you can leave
>> it be.  No contract.  There is no obligation to accept the conditions.
>           ^^^^^^^^^^^
>
> Your ignorance works against you, dak. The court will look at your 
> "conditions" and separate them into real conditions that define the 
> scope of the license for copying (which distinguishes authorized
> copies from unauthorized copies) and covenants that define
> licensee performance obligations. You won't be able to enforce (or 
> recoup damages for breach of) the later.

Quite so.  You can merely recoup damages for the breach of copyright,
not for the "breach" of the conditions under which you granted
additional rights.

The "breach" merely implies that the licensee can't make use of the
additional rights he had been conditionally granted.

You can't sue in order to make him heed the conditions.  But you can
sue to make him heed copyright.  He is not exempted from it, because
he did not meet the conditions under which you granted a limited
exemption.

-- 
David Kastrup, Kriemhildstr. 15, 44793 Bochum


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