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Re: Licences with mutually exclusive terms



On Fri, Jan 30, 2004 at 05:49:11PM +0000, MJ Ray wrote:
> Is it true that a copyright licence with mutually exclusive terms are 
> non-free?

As a general rule, it's completely invalid, so you fall back to the
default position of having no license.

However, if it contains one of those clauses that says "If any clause
is rendered invalid for whatever reason then the other clauses remain
in force" then it's lawyer bait and could mean just about
anything. There are likely some other specific cases where licenses
remain partially valid, whatever that means.

As usual, we can't afford to go there, and have to assume it's
invalid.

[I believe there is related precedent here, where a EULA was found to
be invalid in a given jurisdiction and so its more onerous
restrictions did not apply - leading to those annoying
anti-termination clauses. But I can't remember when or where]

-- 
  .''`.  ** Debian GNU/Linux ** | Andrew Suffield
 : :' :  http://www.debian.org/ |
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