Quote:
Originally Posted by darryl
@Harry. Yes, the license does also grant rights. However, a sale, particularly by rights owners themselves or by someone with the permission of the rights holder can also create such rights, usually by an express or implied license ancillary to the sale. In fact, a Court would quite likely hold that certain rights were implied by the sale so as to allow the purchaser to effectively use his or her purchase.
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Indeed Courts have already found that. Early on with regard to computer software licenses, the Courts determined that users had to right to make backup copies of the software, even though the license prohibited it. In the United States, contracts that are too one sided are generally found to be void. Both sides must gain something.
Unfortunately, the law is not as cast in stone as Harry wants it to be. Licensing, especially click through licensing, is a very, very grey area in the law and tend to be settled in a case by case basis. Companies claim all sorts of rights and limitations in their license. Just because someone claims something doesn't mean it will be upheld if it goes to court. For example, a license that revokes fair use is most likely going to be found invalid.