[mythtv] zap2it 'labs'

[Arthur Britto]

On Mon, 2004-02-23 at 12:39, Chris Petersen wrote:
> > > In particular, "associated works that use any aspect of Licensed Data
> > > ... shall be the sole and exclusive property of TMS" seems problematic. 
> > > This seems like it might be broadly interpreted to include mythtv.
> > I.e., "Dont make a tv-guide based on this"..  They are trying to
> > protect their assets.  They aren't claiming ownership over mythtv
> > because a user configures it to grab tv-guide data from zap2it.
> 
> Yeah, that's how I read this, too.  It doesn't say associated works, it
> says "derivative works" and "associated components [of Licensed Data]." 
> There's a big difference between those and "associated works" (which I
> don't think mythtv would qualify for, either)

It says: "... derivative works, and any other works that use any aspect
of Licensed Data ...".

There does not seem to be any ambiguity to me.  mythtv could be
considered an OTHER WORK that USES ANY ASPECT OF LICENSED DATA.

This agreement seems to be a written assignment of copyright.  This is
the only way to transfer copyright.  The only question is how the court
would interpret the lack of a physical signature.  Considering continued
use of the service, lack of a physical signature might not be much of an
issue.

IANAL, this is not legal advice, seek an attorney for legal advice.

-Arthur

-- 
Copyright (c) 2004 Arthur Britto, All Rights Reserved, Redistribution of this message requires written permission.