Open Source Software Conditions versus Covenants

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.

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s