Re: More FSF hypocrisy

[Alexander Terekhov]

Hyman Rosen wrote:
> 
> Rjack wrote:
> > What do you think "authorizes the making and distribution of copies"
> > is called in legal terms? It is called "waiving their exclusive rights".
> 
> If you mean in exactly the same sense that an author waives
> his exclusive rights when he allows a publisher to print and
> sell his books, fine.
> 
> Words have connotations. You are using "waive" to imply that
> the copyright holders are relinquishing rights to their work.

He is using "waive" as in "implicit in a copyright license is the
promise not to sue for copyright infringement. See In re CFLC, Inc., 89
F.3d 673, 677 (9th Cir. 1996), citing De Forest Radio Telephone Co. v.
United States, 273 U.S. 236, 242(1927) (finding that a nonexclusive
license is, in essence, a mere waiver of the right to sue the licensee
for infringement); see also Effects Associates, Inc. v. Cohen, 908 F.2d
555, 558 (9th Cir. 1990) (holding that the granting of a nonexclusive
license may be oral or by conduct and a such a license creates a waiver
of the right to sue in copyright, but not the right to sue for breach of
contract)." 

regards,
alexander.

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