(OT) - Major Blow to Copyleft Theory

Arnoud Engelfriet arnoud at engelfriet.net
Mon Aug 27 18:12:11 UTC 2007

John Cowan wrote:
> Arnoud Engelfriet scripsit:
> > Well, you can terminate a contract with reasonable notice.
> But when is the contract actually formed?

Upon acceptance of the offer. That's easy. :)

> > Initially it would be a contract. You offer entrance, I accept
> > the offer so I can enter. 
> Clear enough.  But in the case of the tour bus, you are suggesting
> that the acceptance happens *before* the tourists enter the building.

On second thought, you're right about that. The tourists have no
way to indicate that they accept the offer. So you can freely remove
the sign. If they send you an e-mail saying they'll arrive on Friday
then maybe you can no longer refuse them.

> But back to the normal case, where people are crossing the private
> property freely:  Under what legal theory are they entitled to do so?

For civil law the question is, is there an offer that was accepted.
A mere open ground doesn't seem like much of an offer to me. But
a grounds with a sign "Feel free to enter" is an offer, I would say.

I don't think there's anything in Dutch law that permits me 
to walk on my neighbor's front lawn to get to my front door
more quickly. He never invited me to do that, and he doesn't have
a sign or fence that prevents me from doing that. I think then
the basic right of private property takes over, and I'm violating
that right.


Arnoud Engelfriet, Dutch & European patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies: http://www.iusmentis.com/
              Arnoud blogt nu ook: http://blog.iusmentis.com/

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