conducting a sane and efficient GPLv3, LGPLv3 Review
Arnoud Engelfriet
arnoud at engelfriet.net
Fri Aug 3 16:44:01 UTC 2007
Matthew Flaschen wrote:
> Also, if it is a contract (at least under some legal system), which
> means Eben Moglen's interpretation that "Licenses are not contracts: the
> work's user is obliged to remain within the bounds of the license not
> because she voluntarily promised, but because she doesn't have any right
> to act at all except as the license permits."
> (http://emoglen.law.columbia.edu/publications/lu-12.html) is incorrect,
> wouldn't the contract be invalid if the the licensor wasn't getting
> "consideration"? IANAL, but I think the consideration would probably
> have to be the copyleft provision.
Not all jurisdictions require consideration for the formation of
a valid contract. But yes, I agree the reciprocity can be seen
as consideration.
Arnoud
--
Arnoud Engelfriet, Dutch & European patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies: http://www.iusmentis.com/
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