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Comment on YC Open-Source Sales Agreementparent

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What would be licensed? Who would license it? How could they ever sue for infringement with a public notice on the Internet making the work available for unrestricted use without a reservation of rights?

While there isn't any clear reason form contracts can't be copyrighted, it isn't at all clear who would hold the copyright or whether it could ever be effectively enforced.

Ken Adams has a nice write-up of associated issues:

http://www.adamsdrafting.com/downloads/Copyright-NYLJ-8.23.0...

Edit: typo

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