Re: RFC: GPL plus securities industry disclaimer suitable for main?
On Sat, 3 Oct 2003, Thomas Bushnell, BSG wrote:
>Fedor Zuev <Fedor_zuev@mail.ru> 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.