Andre Hedrick
LAD Storage Consulting Group
On Mon, 30 Jun 2003, David Schwartz wrote:
>
> > Well, I couldn't possibly comment on that, but my original point stands;
> > that pursuit of GPL violation must be pursued by the copyright _holder_,
> > unless they assign that copyright to subsequent third-party beneficiaries.
> > which technically I don't think they do, they merely grant a right to make
> > copies in perpetuity, subject to the conditions of the GPL (or something
> > like that)
> >
> > right ?
>
> If you phrase it as a pursuit of a license violation, yes. But that's not
> what the suit would look like. You wouldn't be accusing them of violating
> your copyright rights, you'd simply be accusing them of withholding from you
> a benefit that was secured for you in a contract. That the contract involved
> copyright rights is not important because you're not pursuing the copyright
> rights.
>
> In other words, you're not accusing them of a copyright violation, you're
> accusing them of a contract violation. Specifically, they entered into a
> contract (which named you as an intended beneficiary), took what the
> contract offered them but failed to provide you the benefit the contract
> secured you.
>
> If I sell you my car, but the contract stipulates that you must let my
> grandmother drive on the first Saturday of the month, and you don't let her
> do that, she can sue you. She wouldn't be arguing that you stole the car or
> defrauded me in the sale. She'd simply argue that you received valuable
> compensation in exchange for a benefit you were to provide to her, and that
> you failed to provide her that benefit, and thus you're liable for her
> damages or must provide the benefit.
>
> DS
>
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