(OT) - Major Blow to Copyleft Theory
cowan at ccil.org
Mon Aug 27 12:47:04 UTC 2007
Mahesh T. Pai scripsit:
> A license is a unilateral grant of permissions; a contract is
> bilateral acceptance and imposition of obligations.
Amen. Jurisprudence, short and sweet.
I understand why most common lawyers don't grasp this: they are so
used to seeing a license ("You can publish my book") embedded in
a contract ("You can publish my book if you pay me $5000") that the
distinction seems over-subtle. Pointing to licenses to trespass
on land sometimes helps make the mental leap.
I don't understand why civil lawyers have so much trouble. Methods
of contract formation aside, the unilateral/bilateral distinction
should be exactly the same. Copyright breach is a delict, but like
lots of delicts, there can be a waiver either before or after the
fact, and it can be conditional. Where's the contract element?
I am not a lawyer; it was my father who taught jurisprudence.
A mosquito cried out in his pain, John Cowan
"A chemist has poisoned my brain!" http://www.ccil.org/~cowan
The cause of his sorrow cowan at ccil.org
Diphenyltrichloroethane. (aka DDT)
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