John Cowan correctly observed: > ... there is no escape from the dreaded ยง 203(a)(5), which explicitly > says that you can't contract out of it.
Section 203(a) is only a *conditional* termination. The licensor must take affirmative steps within a designated and brief period of time [1] to exercise that right of termination. Furthermore, it doesn't apply to a work made for hire. Almost everyone ignores this section of the U.S. Copyright Act for commercial software licensing transactions, which almost all are nowadays. But please remind software copyright lawyers to get malpractice insurance with a thirty-five year tail period. We should be more fearful of the 20-year patent monopoly. /Larry [1] Five years beginning at the end of thirty-five years from the date of publication or execution of the grant. 17 USC 203(a)(3). -----Original Message----- From: John Cowan [mailto:[email protected]] Sent: Sunday, August 18, 2013 11:37 AM To: Lawrence Rosen Cc: 'Eben Moglen'; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Subject: Re: [License-discuss] Open Source Eventually License Development <snip> _______________________________________________ License-discuss mailing list [email protected] http://projects.opensource.org/cgi-bin/mailman/listinfo/license-discuss
