[Foundation-l] Licensing interim update

Anthony wikimail at inbox.org
Sun Feb 8 01:16:42 UTC 2009


On Sat, Feb 7, 2009 at 7:47 AM, David Gerard <dgerard at gmail.com> wrote:

> 2009/2/7 Thomas Dalton <thomas.dalton at gmail.com>:
> > 2009/2/7 David Gerard <dgerard at gmail.com>:
>
> >> There is no legal question over the very relicensing itself. You
> >> trying to spread FUD here doesn't count.
>
> > There's no question in the US. I'm not convinced by "We believe that
> > licensing updates that do not fundamentally alter the spirit of the
> > license and that are permitted through the license itself are legally
> > valid in all jurisdictions." (the FAQ) I don't hold much stock by
> > "belief", I'd rather here from somebody that actually knows about each
> > jurisdiction (at least, the ones where we have a major presence, every
> > single one would be impractical).
>
>
> Anyone can take any idiot question to court. That doesn't count as a
> reason to assume that there must therefore be a substantive reason to
> believe that the "or later" language doesn't apply. Nor does being
> unable to prove a negative.


Once a prima facie case for copyright infringement has been proven, the
burden of proof is on the defense to show they have a valid license.



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