[License-review] License Review Submission: Irrevocable MIT License (MIT-I)
McCoy Smith
mccoy at lexpan.law
Sat Aug 16 14:56:20 UTC 2025
On 8/15/2025 7:12 PM, Pamela Chestek wrote:
>
>
> In the general case, one can use copyright as a trigger for a
> non-copyright obligation, and there's not really any limit on what
> action you can oblige someone to perform.
Well, you can get into trouble using copyright as a trigger for
non-copyright (or even copyright) obligations when they stray into
copyright misuse (at least in the USA). An example might be trying to
control non-copyrighted data via copyright used to either create or
access it. Assessment Technologies v. Wiredata, 350 F.3d 640 (7th Cir.
2003)https://law.justia.com/cases/federal/appellate-courts/F3/350/640/625754/
Another might be trying to control separate and independent,
non-derivative, copyright works.
Copyright misuse is, in the USA, a defense, so a license that purports
to impose misuseful conditions is not invalid, but those conditions
would not be enforceable.
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