condition
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Redbox Wins (for now)
The decision in Disney Enterprises, Inc. v. Redbox Automated Retail, LLC was, to me, unexpected. Who would have thought that Redbox would win a case about selling codes for digital download of Disney movies? The way Disney elected to distribute the codes was key to the outcome, so I don’t know how much ripple effect… Continue reading
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Yikes
Whether a license provision is categorized as a “condition” or a “covenant” will determine what remedies are available. Noncompliance with a covenant of the agreement is a merely a breach, so you get contract remedies. If the noncompliance means you failed to satisfy a condition, then you have no license and are subject to infringement… Continue reading
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