Re: Selling ICC profile...is it legal or not?
Re: Selling ICC profile...is it legal or not?
- Subject: Re: Selling ICC profile...is it legal or not?
- From: Graeme Gill <email@hidden>
- Date: Thu, 28 Jun 2007 00:01:36 +1000
CS05 wrote:
forced to be changed in courts. Anyway, my criticism was someone's
claim that the user's profiles are the COPYRIGHT of the software
company. My understanding is that this would be a false assumption, and
any EULA that contained language contrary to copyright law could be
easily challenged in court on that basis. So it's not correct to say
that "any condition" can be imposed in a license agreement. Copyrights
belong to the user-creators, not the tool-creators.
My understanding is that typically courts will
override contracts/licenses where they conflict
with legislation, for instance where the license
attempts to disclaim statutory guarantees, remove
fundamental rights etc.
I doubt claiming control over resulting profiles would
fall into this sort of category in most jurisdictions though.
As for the profiles not having copyright content of the profile
software maker, how can you be certain of that ? As I pointed
out in a previous post, profiles may contain literal copies of
expressive elements from the profile making software, and hence
have a claim of copyright on them.
Graeme Gill.
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