Evolution of Health Care Systems Essay

1545 Words Sep 16th, 2013 7 Pages
Contracts and licenses
Contracts and licenses are not themselves intellectual property and are generally considered to be a distinct discipline, not part of the same area of law as intellectual property.
Nevertheless, contracts are essential to our system of intellectual property. They are the means by which you share intellectual property.
Contracts and licenses are the means by which people let their intellectual property out in a controlled way.

Importance

Normal people interact with contracts on a daily basis. There are contracts for cell phone service, contracts for parking your car, and contracts for starting a job. Each time you pay with a credit card, you are entering a contract.

Contracts are also everywhere in the
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Raymond Nimmer:

A “license” is a contract. It sets conditions on use of informational assets. When intellectual property rights are involved, part of the action of the license consists of a that is not an essential feature of an agreement that constitutes a license. The contractual agreement is the essential factor.”

Eben Moglen:

The word “license” has, and has had for hundreds of years, a specific technical meaning in the law of property. A license is a unilateral permission to use someone else’s property. A contract, on the other hand, is an exchange of obligations, either of promises for promises or of promises of future performance for present performance or payment. The idea that “license” to use patents or copyrights must be contracts is an artifact of twentieth-century practice, in which licensors offered an exchange of promises with users: With respect to software, those obligations by users include promises not to decompile or reverse-engineer the software, and not to transfer the software.

Mark Radcliffe:

“Please note that the [Software Freedom Law Center] and the Free Software Foundation have consistently taken the position that the GPL is not a contract, but I believe that this position is difficult to defend.”

Breach of Contract and Remedies

Just as every computer backup strategy requires a technique for restoring content, everyone who signs a contract should consider how to handle breaches. There are as many ways to breach a

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