[linux-elitists] The breadth of SCO's claims
Fri Jul 4 12:58:36 PDT 2003
> The essence of copyright law, like other systems of property rules,
> is the power to exclude. The copyright holder is legally empowered
> to exclude all others from copying, distributing, and making
> derivative works.
> This right to exclude implies an equally large power to
> license--that is, to grant permission to do what would otherwise be
> forbidden. Licenses are not contracts: the work's user is obliged
> to remain within the bounds of the license not because she
> voluntarily promised, but because she doesn't have any right to act
> at all except as the license permits.
Licenses do not require consideration for the copyright holder
or consent on the part of the user. Some folks have tried to turn
licenses into contracts via "click-through" agreements (usually as a
means for tricking the user into forfeiting fair use rights), but the
legality of this is a supremely murky topic.
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