On Sat, 3 Oct 2003, Thomas Bushnell, BSG wrote:

>Fedor Zuev <[EMAIL PROTECTED]> writes:

>>      Such provision, IMHO, is contradicts to article 5 of Berne
>> Convention, when applied to copyright matters. Therefore, such
>> provision may make all license either illegal or unenforceable.

>You are misreading the Berne Convention, here.  The license cannot
>remove article five, but that doesn't matter, the license is a
>permission grant (only).  A claim for illegal copying would occur in
>the appropriate court under the Berne Convention, and no choice of law
>provision could affect that, since you can simply say you have not
>accepted the license.

        Unenforceable by licensee, I mean. And illegal for licensee
to accept such offer.


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