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Re: Open source licenses are /actually/ contracts?!?


From: Tim Tyler
Subject: Re: Open source licenses are /actually/ contracts?!?
Date: Mon, 27 Aug 2007 11:06:07 GMT
User-agent: Thunderbird 2.0a1 (Windows/20060724)

Alexander Terekhov wrote:
Tim Tyler wrote:

If they were contracts, you would have to sign them ...

You're misinformed, that is just one of many forms to manifest assent. Assent may be manifested by written or spoken words, or by conduct. See also

http://crynwr.com/cgi-bin/ezmlm-cgi?3:mss:13269
(Re: conducting a sane and efficient GPLv3, LGPLv3 Review)

Right - but surely you get the point: a license doesn't
take away any freedoms of the recipient - therefore
the recipient does not need to assent to it - therefore there
is no need to prove that they did in any subsequent dispute.

Contracts are different - they are *agreements* between
the parties in question.

As the analysts seem to be saying, this is just a legal screw-up
by the judge of a district court:

http://lawandlifesiliconvalley.blogspot.com/2007/08/new-open-source-legal-decision-jacobsen.html

http://crynwr.com/cgi-bin/ezmlm-cgi?3:mss:13638
((OT) - Major Blow to Copyleft Theory)

That's another article by you ;-)
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