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<blockquote data-quote="Fendulum" data-source="post: 8891629" data-attributes="member: 7039964">That's right, but that's because a tenancy isn't a license. A rental agreement transfers a property interest. (Indeed, a landlord can be liable for trespass against a tenant under some circumstances--a tenant's remedies are not limited to breach of contract.)This is what's confusing about this topic, and at this high level I don't think it's actually that different for IP versus land: there is a transfer of property right other than a simple sale, pursuant to a contract; you have both contract law and property law issues floating around; and the question is how to figure out the contours of each piece, exactly what the property transfer was and exactly what the contractual obligations are.If you want an IP example of this, see Jacobsen v. Katzer, 535 F.3d 1373 (Fed. Cir. 2008), which a number of people have cited. The court in that case considered whether the plaintiff was entitled to sue for copyright infringement for the defendant's violation of a license agreement, or just for breach of contract. The court analyzed the question as: are the conditions conditions on the license or are they just separate contractual promises. This isn't super helpful for this case but it shows the principle, which is that the scope of a license and the particular contractual promises made are distinct issues.</blockquote>

[QUOTE="Fendulum, post: 8891629, member: 7039964"] That's right, but that's because a tenancy isn't a license. A rental agreement transfers a property interest. (Indeed, a landlord can be liable for trespass against a tenant under some circumstances--a tenant's remedies are not limited to breach of contract.) This is what's confusing about this topic, and at this high level I don't think it's actually that different for IP versus land: there is a transfer of property right other than a simple sale, pursuant to a contract; you have both contract law and property law issues floating around; and the question is how to figure out the contours of each piece, exactly what the property transfer was and exactly what the contractual obligations are. If you want an IP example of this, see Jacobsen v. Katzer, 535 F.3d 1373 (Fed. Cir. 2008), which a number of people have cited. The court in that case considered whether the plaintiff was entitled to sue for copyright infringement for the defendant's violation of a license agreement, or just for breach of contract. The court analyzed the question as: are the conditions conditions [I]on the license[/I] or are they just separate contractual promises. This isn't super helpful for this case but it shows the principle, which is that the scope of a license and the particular contractual promises made are distinct issues. [/QUOTE]

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