why is taking open-source code closed expensive?

David Woolley forums at david-woolley.me.uk
Mon Jul 9 07:15:07 UTC 2007

Matthew Flaschen wrote:

> The Academic Free License (http://opensource.org/licenses/academic.php)
> and Open Software License
> (http://www.opensource.org/licenses/osl-3.0.php) attempt to benefit from
> the better enforceability of contracts while still complying with the
> OSD; they have a semi-optional "express assent" clause.

The key issue that I saw problems with was consideration.  Without 
physical payment, one is left with an argument based on the value to the 
author of the limitations imposed by the licence.

David Woolley
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