(OT) - Major Blow to Copyleft Theory

Marc Whipple MWhipple at itsgames.com
Mon Aug 27 15:17:08 UTC 2007

-----Original Message-----
From: David Woolley [mailto:forums at david-woolley.me.uk] 
Sent: Monday, August 27, 2007 9:59 AM
To: license-discuss at opensource.org
Subject: Re: (OT) - Major Blow to Copyleft Theory

>Arnoud Engelfriet wrote:
>> "Would you like a cookie?" - "Yes."
>> Offer, acceptance - contract. 

>My impression was that, at least in the UK and US, contracts required 
>either consideration, or, for the UK at least, being executed as a deed

>(the latter being why the non-disclosure agreements I've signed tend to

>have to be witnessed).

Quite correct. Most of the examples given in the prior post would be
considered gifts in the US, not contractual transactions. Gifts require
intent, offer, and acceptance, whereas contracts require offer,
acceptance, and consideration. The example above goes like this:

I think, "I'll offer David a cookie." - Intent.

I say, "David, would you like one of these cookies?" and hold the plate
out to you. - Offer.

You say, "Yes, thank you," and take a cookie. - Acceptance.

What constitutes offer and acceptance can get pretty convoluted, just
like in contract law. They can also be implied, constructive, etc, etc,
just like, for instance, the implied/constructive agreements to accept
the terms of OSL. However, gifts and contracts are separate entities
under the law, and the main difference is lack of consideration on the
recipient's part.


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