RE: Western musical symbols font

From: Philippe Verdy (
Date: Tue Sep 18 2007 - 03:31:05 CDT

  • Next message: Hans Aberg: "Re: Western musical symbols font"

    Hans Aberg wrote...
    > The copyright holder has the distribution rights, but not the rights
    > of the indivudal rights, as long as there is no clash.

    Hmmmm... a licence is not equivalent to a commercial contract, because its
    document is not signed by the recipient. It's a form of unilateral contract
    from the licensor to the licencee.
    It is said to be still a valid contract only because it grants rights
    against balanced obligations.
    One way to enhance the balancing of clauses andits validity as a contract is
    to link it with a commercial transaction, where both rights and obligatiosn
    are exchanged between the buyer-licensee and the seller-licensor, but
    effectively there's a difficulty with the fact that the buyer is not
    necessarily the licensee that is granted rights to use, and the seller is
    not necessarily the licensor (unless the seller is a sub-licensor, meaning
    that it has exclusive rights for the distribution in his area or domain of

    Another difficulty is that the signed agreement is not collected back by the
    licensor that has then difficulty to prove that it was effectively accepted
    by the licensee. And another problem is that the buyer is most often not
    given a chance to review the license before the purchase, making the
    requirements in that licence difficult to apply (at lest for EULAs within
    boxes, or with online purchases for downloaded softwares: you'll see the
    EULA only when installing it, after the purchase, meaning that the act of
    licensing is decoupled from the act of commercial transaction. So it becomes
    difficult to prove that both parties accepted the terms of the contract
    before using the subject of the license, so that they both become equally

    Note that some legislation make unbalanced contracts void, as if it was
    never signed and had never existed. For these reasons, licenses are very
    weak kinds of contracts, unless its content is made publicly reviewable
    before the purchase.

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