For Approval: mindmason license (MML)

Forrest J. Cavalier III mibsoft at mibsoftware.com
Sat Sep 4 02:58:53 UTC 2004


John Cowan wrote:
> Forrest J. Cavalier III scripsit:
> 
> 
>>I see your 2 III as being in conflict with the OSD on its face.
>>  "Licensee is not entitled to grant rights pertaining to the Program to 
>>  third persons. "
> 
> 
> Well, not on its face: the OSD does not guarantee the right to sublicense.
> It's true that all contract-based open-source licenses provide this
> right (permission-based licenses don't have to), but it's not actually
> a requirement.
> 

I think contract-based licenses must include permission to sublicense in
order to satisfy OSD #1 and #3.  But maybe I misunderstand the license
or contract law....Help me with my understanding of this by answering
a question or two:

Recall we are discussing this:
   2.
   (III) Licensee is not entitled to grant rights pertaining to
         the Program to third persons.  This does not apply to
         modifications made by Licensee himself.

My questions:
   What happens to the "offer of contract" when the original author is
   deceased?  Between what parties is the contract formed then?

   It is clear that the second sentence permits me to grant rights for
   my modifications, but what about derived works (as in OSD #3?)
   Who is it that has authority to offer a contract to distribute derived
   works?



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