Re: what does a patent restrict?

On Wed, 13 Oct 1999, Andrew C. Greenberg <werdna[_at_]gate.net> wrote:
>
> I believe Bruce meant to type Section 106, not 102. Mr. W would do
> well to note the plethora of case law strictly construing Section
> 117 to apply only to the "owner" of a copy of a program, and not
> to a mere licensee. Many license agreements expressly withhold
> "ownership" of the copy for this reason. Licensors have successfully
> defeated Section 117 defenses on that basis.

    Well, that the whole question isn't it? Whether or not the license is enforceable. Has this made it to the SC yet? I hope the justices wouldn't be so foolish as to allow the sale of products of IP (i.e. the actual books, software, etc) to the general public under the guise of "private" transactions where freedom of contract applies. It would be completely contrary to the reason for having IP laws in the first place.

Lynn

Lynn Winebarger
<owinebar[_at_]free-expression.org> Received on Tue Oct 26 1999 - 00:41:17 GMT