Subject: Re: conducting a sane and efficient GPLv3, LGPLv3 Review
From: Arnoud Engelfriet <arnoud@engelfriet.net>
Date: Fri, 3 Aug 2007 18:44:01 +0200

Matthew Flaschen wrote:
> Also, if it is a contract (at least under some legal system), which 
> means Eben Moglen's interpretation that "Licenses are not contracts: the 
> work's user is obliged to remain within the bounds of the license not 
> because she voluntarily promised, but because she doesn't have any right 
> to act at all except as the license permits." 
> (http://emoglen.law.columbia.edu/publications/lu-12.html) is incorrect, 
> wouldn't the contract be invalid if the the licensor wasn't getting 
> "consideration"?  IANAL, but I think the consideration would probably 
> have to be the copyleft provision.

Not all jurisdictions require consideration for the formation of
a valid contract. But yes, I agree the reciprocity can be seen 
as consideration.

Arnoud

-- 
Arnoud Engelfriet, Dutch & European patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies: http://www.iusmentis.com/
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