<br><br>---------- Forwarded message ----------<br><span class="gmail_quote">From: <b class="gmail_sendername">Walter van Holst</b> <<a href="mailto:walter.van.holst@gmail.com">walter.van.holst@gmail.com</a>><br>Date: Aug 28, 2007 12:43 AM
<br>Subject: Re: (OT) - Major Blow to Copyleft Theory<br>To: Arnoud Engelfriet <<a href="mailto:arnoud@engelfriet.net">arnoud@engelfriet.net</a>><br><br></span><br><br><div><span class="q"><span class="gmail_quote">
On 8/27/07, <b class="gmail_sendername">Arnoud Engelfriet</b> <<a href="mailto:arnoud@engelfriet.net" target="_blank" onclick="return top.js.OpenExtLink(window,event,this)">arnoud@engelfriet.net</a>> wrote:</span></span>
<span class="q"><blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;">
<br><br>As a civil lawyer, the main problem for me is that even the simplest<br>interaction between the parties creates a contract.<br><br>"Would you like a cookie?" - "Yes."<br>Offer, acceptance - contract.
<br><br>"It's raining, why don't you come in?" - "Great, thanks!"<br>Offer, acceptance - contract.<br><br></blockquote></span></div><br>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 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. I do agree that in most instances of unilateral obligations there is still some form of acceptance and therefore an agreement, but some forms of 'bare licensing' are conceivable. I am actually rather surprised by this case, the Artistic License comes close to what even under civil law might constitute a solely unilateral obligation of not conditionally refraining to exercise one's copyrights. With the exception of its warranty clause, the licensee does not surrender any rights whatsoever and since the type of work one would apply the Artistic License to does not tend to carry any implied warranty anyway, it can be argued that there is no material surrender of any licensee's rights to the licensor.
<br><br>Regards,<br><span class="sg"><br> Walter<br>
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