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| Authored by: Anonymous on Wednesday, May 02 2012 @ 07:02 PM EDT |
Whether such constraints have any legal weight is another question,
but bypassing them does indicate that the license is not agreed upon, so any
rights to the library would be those given by copyright law.
That
is simply not true:
I can accept your licence, and if it has both a
legally unenforceable clause and a severability clause (one that states that if
a clause is found unenforceable then you simply construe the contract without
it) I am free to ignore your legally unenforceable clause.
If there is
no severability clause and the entire licence is avoided (not found void ab
initio) by the grantor, then it is only avoided from that point forward, and all
acts (including downstream distribution and the granting of rights to third
parties) that occurred up until the licence was voided remain
legitimate.
Finally, if the licence is found void ab initio and
rescission is granted, I can't see how the grantor would not be estopped from
attempting to enforce their copyrights (against anyone with clean hands) since
they purported to grant a licence, and to allow them to sue would be to allow
them to entrap others into violating their copyrights.
I don't believe
that accepting a licence (especially one presented as a contract of adhesion)
with terms in it that you know or believe to be unenforceable (because they are
contrary to law) and then ignoring them qualifies as unclean hands, but
YMMV.
- yet another anon that thinks that posting pseudonymously
defeats the purpose of posting anonymously[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Wednesday, May 02 2012 @ 10:48 PM EDT |
It is in this context that the "stating of
facts" starts to seem
odd, as in "if you want this program
to work, you need a library providing
these functions
present under this filename
This is very
common for software that uses the ODBC
database interface, for example. The
ODBC 'driver' library
must be
licensed separately from the database
vendor.
MySQL's ODBC lib is GPL licensed, which has caused some
conundrums, although most people seem to believe that the
GPL does not cross
the ODBC API. [ Reply to This | Parent | # ]
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