a license is not a contract
a license is not a contract
Posted Feb 2, 2012 4:46 UTC (Thu) by ncm (guest, #165)In reply to: On the 'death penalty' thing by rahvin
Parent article: A tempest in a toybox
Copyright licenses are not contracts, and copyright law is not contract law. In a copyright license there is no "agreement" to be mediated; aside from "fair use", the only intentions that matter are those of the copyright holder. A judge who holds that the violator reasonably misunderstood the license terms can reduce the award accordingly -- after the violator has lost the case.