[License-discuss] Essential step defense and first sale

[Russell McOrmond]

On Sun, Jul 21, 2019 at 8:49 PM Alexander Terekhov <herr.alter at gmail.com>
wrote:

> So here we have pretty direct confirmation of 17 USC 117. Now just try to
> imagine what would the court say if Monsanto would had copylefted the
> reproduction right and sued BOWMAN in patent (tort/infringement) rather
> than contract (breach) for failure to fulfill some "conditions" (factually
> contractual covenants) while distributing beans lawfully made under some
> patentlefted license...
>

I've been curious about your use of *left here (copyleft, patentleft, etc),
and what you are trying to mean with these terms.

When I first heard the term "copyleft" in the early 1990's it was obvious
what the term was intended to mean:  an interesting use of a copyright
license to reduce the control that software copyright holders had on users
of that software. This included attempting to limit the control of authors
of derivative works, where at the time we had common understanding of what
was considered a derivative and what was clearly not.


There is now a class of allegedly FLOSS reciprocal licenses that attempt to
use licensing and contract law for very different (I suggest opposing)
purposes, some of which seek to extend the control that software copyright
and patent holders might have to enact some other unrelated policy purpose.

Is your use of *left an attempt to use that term in a derogatory way to
oppose this new class of licenses, to oppose the original goal, or
something entirely different?  I can't at all tell from your usage what
your intended meaning is.

-- 
Russell McOrmond, Internet Consultant: <http://www.flora.ca/>

Please help us tell the Canadian Parliament to protect our property rights
as owners of Information Technology. Sign the petition! http://l.c11.ca/ict/

"The government, lobbied by legacy copyright holders and hardware
manufacturers, can pry my camcorder, computer, home theatre, or portable
media player from my cold dead hands!" http://c11.ca/own
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