[License-review] For Approval: OpenMDW License Agreement, versions 1.1 (OpenMDW-1.1)

[Luis Villa]

With the usual caveat that I’m just dipping my toe in this thread and
reading every fifth post at best:

On Thu, Sep 10, 2026 at 6:08 PM Pamela Chestek <pamela at chesteklegal.com>
wrote:

> What I find distinguishable about a termination of the copyright license
> versus the patent license is that copyright infringement doesn't happen by
> accident. There is no copyright infringement without deliberate, knowing
> copying. Someone may have made the judgment call that the copying is
> lawful, and therefore not an infringement, but it was nevertheless
> intentional conduct.
>
This conflates two different things: copying is always intentional, but not
all copying is copyright infringement. There are very clear good-faith
arguments (under both the EU’s TDM exception and US fair use) that the
sorts of copying we’re mostly talking about here are not copyright
infringement.

Now, maybe you don’t agree with those arguments (I move back and forth
myself a lot of the time!) but intentional copying doesn’t mean intentional
infringement.

>
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