[License-discuss] IP licensing: Specific performance (or damages) vs. Infringement - algorithm for (C++) programmers

[Smith, McCoy]

Uh, the 17 USC 109 (first sale) case you want there would be Kirtsaeng:
https://www.supremecourt.gov/opinions/12pdf/11-697_4g15.pdf


From: Alexander Terekhov [mailto:herr.alter at gmail.com]
Sent: Friday, July 26, 2019 10:05 AM
To: license-discuss at lists.opensource.org
Cc: Smith, McCoy <mccoy.smith at intel.com>
Subject: Re: [License-discuss] IP licensing: Specific performance (or damages) vs. Infringement - algorithm for (C++) programmers

> or at least cases from the current – or preceding – century.

My favorite:

"A purchaser has the right to use, sell, or import an item because those are the rights that come along with ownership, not because it purchased authority to engage in those practices" https://www.supremecourt.gov/opinions/16pdf/15-1189_ebfj.pdf

I've been telling it for almost fifteen years, pointing to 17 USC 109 and 17 USC 117 trying to convince people that open source "conditions" are unenforceable under the copyright law.

Am Fr., 26. Juli 2019 um 18:49 Uhr schrieb Smith, McCoy <mccoy.smith at intel.com<mailto:mccoy.smith at intel.com>>:
There are two mailing lists:
License Review

Charter: Reviewing submitted licenses for OSD Compliance and Proliferation concerns (as described in the Approval Process<https://opensource.org/approval>), in order to provide community recommendations to the OSI Board.

License Discuss

Charter: Discuss and answer important questions about Open Source licensing, in order to collect community wisdom for the FAQ<https://opensource.org/faq>.
Alexander did post to the latter, which is not limited to currently pending-for-approval licenses.
Whether or not specific performance vs damage is an “important question” in open source, I question, but it would probably be more useful to the list if those issues were tied to a particular open source license or pending case, or at least cases from the current – or preceding – century.

From: License-discuss [mailto:license-discuss-bounces at lists.opensource.org<mailto:license-discuss-bounces at lists.opensource.org>] On Behalf Of VanL
Sent: Friday, July 26, 2019 8:29 AM
To: Alexander Terekhov <herr.alter at gmail.com<mailto:herr.alter at gmail.com>>
Cc: license-discuss at lists.opensource.org<mailto:license-discuss at lists.opensource.org>
Subject: Re: [License-discuss] IP licensing: Specific performance (or damages) vs. Infringement - algorithm for (C++) programmers

Hello Alexander,

It is clear that you have a lot of passion for topics around software licensing, which I certainly won't disagree with. However, it is very difficult to identify your specific points.

This particular list is for discussion of particular licenses being proposed or evaluated for acceptance by the OSI. You are including long quotes from various decisions, but they are unmoored from a specific license text. This results in a lot of noise on the list, and distracts from its primary purpose.

I'd request that you address your comments more specifically to license texts that are under discussion, as opposed to the theory of software licensing generally. This would result in your contributions being much more helpful in the overall debate.

Thanks,
Van



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