Re: On holy wars, and a plea for peace
Date: Wed Oct 10 2018 - 20:46:43 EST
Three avenues to rescind GPLv2 property. RAP strategy added.
Here's a case in NY where a Software distributor agreement violated New
York's Rule Against Perpetuities
McAllister Software Systems, Inc. v. Henry Schein, Inc., No. 06-0093,
2008 WL 922328 (E.D. Mo. April 2, 2008)
So we see that atleast one court in an important* jurisdiction is
applying the RAP with regards to intellectual property.
Attack 1: license rescission under property law (non-exclusive gratuity
for which no consideration was given, and no utterances to
irrevokability by grantor vis-a-vis licensee uttered, thus can be
rescinded at will).
Attack 2: license rescission citing no term-of-years, thus at-will
licensing (until the parties no-longer agree). (This one works in the
Jurisdictional attack: if defendant claims license is perpetual [Or you
could simply use it as an alternative argument from the get-go]
Attack 2b: license is a nullity (void from it's inception) due to RAP.
*(Wallstreet is in NY. I wonder if they use and/or modify linux kernel