As far as I can tell, the Oracle Binary Licence Agreement doesn't say much.
However, the ECJ stated that
the licence agreement does not necessarily constitute the absolute and unconditional consent of the trade mark owner to the licensee putting the goods bearing the trade mark on the market.
Not exact matches
As to «getting more complicated», they are muddying the waters by bringing up Ortwyn Freyermuth's history in the complaint — when the reality it's inconceivable they failed to notice he was someone they'd dealt with before and didn't raise the matter whilst they drew up the Game
Licence Agreement.
Companies create a pool by mutual
agreement, patents are added, and anyone wanting to take a
licence can
do so.
Unfortunately, many older standard
licence agreements contain very narrow and rigid terms that
do not allow third parties to access APIs or otherwise touch the vendors» software.
Drafting actual stand alone «contracts» (a lease, an IP
licence, an insurance
agreement, etc.) doesn't look like the main thing serious Ethereum developers want to
do.
And surprisingly, some vendors
do not understand certain basic aspects of their legal
agreements — for example, whether a «perpetual»
licence means they can then terminate the
agreement and claw back the software from the customer or whether that use is truly irrevocable.
There's one great line in the interview that will strike a chord with most lawyers: «I don't think people write 26,000 - word
licence agreements in order to give you more rights,» [Doctorow] said.
There are legal penalties for copyright infringement, but for a failure to observe the terms of a
licence agreement, you are only liable for losses endured by the software owner - so if you found yourself in court, I suspect your lawyer would advise you that you
did accept the
agreement.
If the licensee fails to
do so, it will be contrary to the
licence agreement and the trust relationship between the parties.
Under sole
licence agreements, even if the licensee
does not use the trademark, the licensor may fulfil this obligation itself.
The ECJ summarised by ruling that, where a licensee puts luxury goods on the market in contravention of a provision in a
licence agreement but must nevertheless be considered to have
done so with the consent of the trade mark owner, the proprietor of the trade mark can rely on such a provision to oppose a resale of those goods on the basis of Art 7 (2) of the Trade Marks Directive only if it can be established that, taking into account the particular circumstances of the case, such resale damages the reputation of the trade mark.
There is not enough room to write in additional terms on the lisitng
agreement (I assume you are not
licenced in Ontario or probably at all, so perhaps you didn't know this)..