Fwd: (OT) - Major Blow to Copyleft Theory

[Arnoud Engelfriet]

Walter van Holst wrote:
> On 8/27/07, Arnoud Engelfriet <arnoud at engelfriet.net> wrote:
> > As a civil lawyer, the main problem for me is that even the simplest
> > interaction between the parties creates a contract.
> >
> > "Would you like a cookie?" - "Yes."
> > Offer, acceptance - contract.
> >
> > "It's raining, why don't you come in?" - "Great, thanks!"
> > Offer, acceptance - contract.
> >
> >
> A contract is a written agreement. What the Americans on this list call a
> 'bare license' is what we would call a unilateral obligation. The situations

A contract is a lay term for a written agreement, signed
by both parties. But legally speaking an agreement can also be verbal
or even arise entirely through actions by the parties. I walk up
to your house, your doorman steps aside and opens the door: I'm
allowed in.

> you just described are just that: unilateral obligations to provide a cookie
> or shelter against rain. And mind you, the title under which the ownership
> of the cookie is transferred to the cookie's recipient is not a purchase,
> but a gift. 

Surely a gift is an agreement! It's a unilateral agreement, since
the giftee has no obligations, but once the offer has been
accepted, the giftee can enforce the promise. Art. 7:175 of the
Dutch Civil Code.

Arnoud

-- 
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/