Picking a license

Paul Boddie paul at boddie.org.uk
Thu May 13 10:53:10 EDT 2010


On 13 Mai, 01:36, Patrick Maupin <pmau... at gmail.com> wrote:
>
> Once the court reaches that conclusion, it would only be a tiny step
> to find that the FSF's attempt to claim that clisp infringes the
> readline copyright to be a misuse of that same readline copyright.
> See, e.g. LaserComb v Reynolds, where the defendant (IMHO) acted much
> more egregiously than anybody who is delivering free software like
> clisp is acting, and nevertheless won on that issue.

In that very case you mention, LaserComb did not lose the copyright
protection on their work, were "free to bring an infringement suit
once it had cured the misuse" [1], and the clause which led to a
defence based on "copyright misuse" was one which forbade licensees
from making competing products.

Paul

[1] http://itlaw.wikia.com/wiki/Lasercomb_America_v._Reynolds#cite_ref-2



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