bare license

[Rod Dixon, J.D., LL.M.]

Yes, the issues are exactly as you quite effectively summarize. In my post,
I was not expressing my opinion on the merits of the contract/license
debate; rather, I was noting the primary issues usually involved in that
debate.

Rod

----- Original Message ----- 
From: "daniel wallace" <danw6144 at insightbb.com>
To: <license-discuss at opensource.org>
Sent: Friday, January 16, 2004 11:17 AM
Subject: Re: bare license


: 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.
: --
: license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3

--
license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3