bare license

[daniel wallace]

If any of the "rules and formalities" of contracts you mention
are required to be enforced under state law, that involves an "element"
of state action. The GPL purports to overcome privity questions about
third party distribution ad infinitum. This appears to create a new
"right against the world" that is referred to in Procd v. Zeidenburg
by the 7th Circuit. This seems to imply the GPL would be preempted
by sec. 301 if any attempt is made to enforce the GPL under state action.
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