encforceability of Open Source Licences (Re: (OT) - NOT A Major Blow to Copyleft Theory)

Alexander Terekhov alexander.terekhov at gmail.com
Fri Feb 15 17:49:34 UTC 2008

On Thu, Feb 14, 2008 at 5:38 AM, Russ Nelson <nelson at crynwr.com>
FWOMPT-ly wrote:
> zooko writes:
>  > On Feb 9, 2008, at 10:27 AM, Robin 'Roblimo' Miller wrote:
>  >
>  > > I agree. This conversation should move to the Closed Source
>  > > Initiative's license-discuss email list. Or the Business Software
>  > > Alliance's. Or whatever they call themselves these days.
>  >
>  > I have found Alexander Terekhov's posts very interesting (especially
>  > recently, as he seems to have toned down the ad-hominem and focussed
>  > his rhetoric), because of my abiding interest in Open Source.
> Then you should encourage Alexander to send them directly to you.
> The problem is exactly as Larry states it: The only people who know
> aren't talking, so everybody who is opining doesn't know.  While you
> may appreciate speculation, the rest of us think it's a FWOMPT.

Hey Russ, not everyone "aren't talking. "

(A Legal Issues Primer for Open Source and Free Software Projects)

is just out. Funny reading!!!

"You do not need to register to enforce your copyright. "

>From the United states Court of Appeals for the Second Circuit
where SFLC likes to file their harrasing suits (just to dismiss
voluntary shortly after filing initial complaint):

"It provides that "no action for infringement of the copyright in
any United States work shall be instituted until pre-registration
or registration of the copyright claim has been made in
accordance with this title." 17 U.S.C. sec. 411(a); see also 17
U.S.C. sec. 501.1 Whether this requirement is jurisdictional is
not up for debate in this Circuit. On two recent occasions, we
have squarely held that it is."; In re Literary Works in
Electronic Databases Copyright Litigation; Nos. 05-5943-cv(L),
06-0223-cv(CON)(2d Cir. Nov. 29, 2007).

No jurisdiction -- automatic dismissal.




"Notwithstanding Jacobsen's confused discussion of unilateral
contracts, bilateral contracts, implied licenses, "licenses to the
world" and "bare" licenses in his Appellant's Brief, the issue at hand
is fairly simple."

  -- Brief of Appellees (CAFC 2008-1001).

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