MPL use of the term "condition" to masquerade "Responsibilities"

Romain Berrendonner romain at
Thu Dec 2 14:51:36 UTC 2010

Le 02/12/2010 15:32, Alexander Terekhov a écrit :
> I guess we could say that FAILURE to perform the MPL's
> "Responsibilities" is a condition subsequent, which gives the MPL
> licensor the choice of whether to avail himself of the opportunity to
> terminate the contract.

That's indeed what I meant.

> AFAIK in the copyright licensing context under US copyright laws the
> termination/rescission of licensing contracts is never "automatic":

It's not necessarily an issue: if the other party is of good faith, you 
can probably discuss with them and have them cure the default; if they 
are of bad faith, they won't cure and some more determined action may be 
needed. Then, you'd be able to ask a judge to terminate the contract.


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