NET(net), Inc.


Open Source Software Conditions versus Covenants by jigordon
August 25, 2008, 9:32 am
Filed under: contract terms, EULA, law

Meredith Miller, over on ContractsProf Blog, posted part of a review of an extremely interesting case the other day from the EFF‘s Michael Kwun.

I won’t attempt a rehashing of the analysis – the original is good enough.  But I will summarize.  In the case, the Federal Circuit Court drew a distinction between conditions (those things you must to do HAVE whatever the license is for) and covenants (those things your promise to do WITH whatever the license is for).  The result was a tick in the positive column for open source licensing proponents.

But the underlying argument may have some unforeseen aftereffects in the EULA realm.  Really interesting… and another issue to pay attention to in the future.


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