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The last objection doesn't make any sense. This is a license, so it is a grant of rights under contract law no matter what rights are granted or terminated. If
by tadfisher 8y ago
The last objection doesn't make any sense. This is a license, so it is a grant of rights under contract law no matter what rights are granted or terminated. If you sue someone for breach of copyright, inevitably the case will be "dragged into contract law" if the defendant claims to have a license to the copyright. I don't believe there is a distinction between patent and copyright here, as a grant of either via a license is a contract.
- apotheon 8y agoSoftware licensing is not necessarily related to contract law. Many software licenses do not fully qualify as contracts, because they are just a grant subject to qualification, rather than an (assumed) agreement between parties about terms of exchange or something to that effect. I'm not entirely sure how patent grant drags in contract law, though. It might be the fact that it implies reciprocal patent grants. You might have to ask a lawyer for the distinguishing issue here.