Alexander Terekhov alexander.terekhov at gmail.com
Tue Aug 28 18:25:20 UTC 2007

On 8/28/07, Mahesh T. Pai <paivakil at yahoo.co.in> wrote:
> Alexander Terekhov said on Tue, Aug 28, 2007 at 06:49:10PM +0200,:
> > What is your point?
>  >
>  > Anticipatory Repudiation (Breach)
>  >
>  > 1. Anticipatory Repudiation is a definite and unequivocal
>  > manifestation of unwillingness or inability to perform a material
>  > executory portion of a contract in which both parties have material
>  > obligations remaining to be performed
> You need to recognise that `contracts' and `'licenses'' are not
> mutually exclusive. Lawyers and common people (without a hidden
> agenda) will not make such a claim - that contracts and licenses are
> one and same.

Intellectual property license are contracts governed by the laws of
contract. State permits licenses (driver licenses, gun dealership,
public lottery permits, etc.) to do something regulated by government
are not contracts.

> For law, most relationships are either based on contracts, or status.
> But existence of several status based relationships depends on
> existence of a valid contract. Employment of certain nature, marriage
> under certain classes of personal law, (notably, Muslim), etc, where
> the relationship is initiated on basis of a valid contract. But once
> the contract is formed, the relationship between the parties is
> governed by status.
> In that sense, all software licenses are contracts.

Very interesting ... and are governed by what "status"?


More information about the License-discuss mailing list