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Old 02-24-2005, 03:22 AM   #34
Traithe
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Join Date: Jan 2003
Name: Kite
Posts: 131
Traithe is on a distinguished road
Or... heck, I'll just do some research on it over spring break. I've got access to the same Westlaw my profs do, and enough basic grounding in IP law to find some secondary sources to point me in the right direction.

Yes, why yes, I am a nerd.

To clarify before I invest any time in this, what exactly are the legal issues here?

From where I'm sitting it looks like they are as follows:

1. Whether the wording of the DIKU license is too ambiguous to be practically enforceable;

2. If not, whether any actual ambiguity in a license cuts against the licensor, even when their intentions regarding the ambiguity have been made explicitly clear outside the four corners of the document (i.e. the "profit" thing and the DIKU team's further clarification after the release), and;

3. If the answer to #2 is "no", whether a lack of enforcement on the part of the licensor in the face of blatant and repeated violations of their license (a la Medievia) invalidates their right to future enforcement of the copyright against infringers.

At the very least if I brought some of this research to my law professor she'd be more likely to spend the time to look it over, since all she'd really have to do at that point is tell me that I'm right or that I've gotten it completely wrong for reason X.

Thoughts? Any other issues of legal contention that I'm missing here?
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