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Re: GPLv3 comedy unfolding -- Landley: "Not Going There (tm)" (re 'lice

From: Alexander Terekhov
Subject: Re: GPLv3 comedy unfolding -- Landley: "Not Going There (tm)" (re 'license' vs 'contract')
Date: Sat, 16 Jun 2007 17:52:32 +0200

Rob Landley wrote:
> On Friday 15 June 2007 18:59:14 Linus Torvalds wrote:
> > So it's true: the GPL just gives you rights, and without it you have no
> > rights (other than fair use ones etc), and blah blah. But the distinction
> > between "license" vs "contract" really isn't a very important one in any
> > case.
> Er, copyright law is federal, contract law is generally state level?  So not
> only does contract law vary a lot more by jurisdiction, but it's enforced by
> different courts than suits over copyright?  (You'll notice the GPL doesn't
> say which state law holds sway.  If it was a contract this would be kind of
> important.)
> Also, in addition to the "exchange of value" bit there's "privity of contract"
> and "informed consent" when dealing with contract, which are cans of worms
> which can be avoided by Not Going There (tm)...
> (These were largeish issues in the SCO vs Novell case, involving lots of
> motions in Utah detailed blow-by-blow on Groklaw...)
> Rob


"Live cheaply," he said, offering some free advice. "Don't buy a house,
a car or have children. The problem is they're expensive and you have
to spend all your time making money to pay for them."

        -- Free Software Foundation's Richard Stallman: 'Live Cheaply'

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