Re: non-enforcability of the BSD advertising clause

2003-05-09 Thread Greg Pomerantz
> In other words, under the logic of the BSD advertising clause, the > Regents of University of California could also compel the inclusion > of certain language in advertising flyers distributed by bookstores, > the Book-of-the-Month Club, and so forth, since the University of > California also has

Re: non-enforcability of the BSD advertising clause

2003-05-09 Thread Thomas Bushnell, BSG
John Goerzen <[EMAIL PROTECTED]> writes: > I would not be surprised to have a court hold that "restricted" in this > instance applies solely to government restrictions, and that contractual > restrictions (such as agreeing to a license) are still permissible, since > nobody forced the company to a

Re: non-enforcability of the BSD advertising clause

2003-05-09 Thread Branden Robinson
On Fri, May 09, 2003 at 02:25:38PM -0500, John Goerzen wrote: > On Fri, May 09, 2003 at 11:43:52AM -0500, Branden Robinson wrote: > > (a) [...] Commercial speech that is not false or deceptive and does not > > concern unlawful activities may be restricted only in the service of a > > substantial go

Re: non-enforcability of the BSD advertising clause

2003-05-09 Thread John Goerzen
On Fri, May 09, 2003 at 11:43:52AM -0500, Branden Robinson wrote: > (a) [...] Commercial speech that is not false or deceptive and does not > concern unlawful activities may be restricted only in the service of a > substantial governmental interest, and only through means that directly > advance th

non-enforcability of the BSD advertising clause

2003-05-09 Thread Branden Robinson
On Thu, May 08, 2003 at 09:40:46PM -0400, Anthony DeRobertis wrote: > On Thu, 2003-05-08 at 20:17, Thomas Bushnell, BSG wrote: > > > They are also not enforceable in the US. > > Can you please provide a citation for this? I've never been able to come > up with one. I found one case that *might*