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Re: The GPL dream is finally over!

From: Rjack
Subject: Re: The GPL dream is finally over!
Date: Sun, 17 Aug 2008 05:00:19 -0400
User-agent: Thunderbird (Windows/20080708)

Rahul Dhesi wrote:
Rjack <> writes:

Is is really that painful to admit that a copyright license *is* a contract. Why the elaborate simile (i.e. using the comparative "LIKE")?

What if the license lacks consideration?

If it lacks consideration it is not a contract. If it is not a contract it is not a license.

You may be thinking of third party consideration:

'In addition, under contract law, a contract is supported by consideration even if the consideration flows solely to a third party. See Mencher v. Weiss, 114 N.E.2d at 181(“[I]t is fundamental that a benefit flowing to a third person or legal entity constitutes a sufficient consideration for the promise of another.”)'; RESTATEMENT (SECOND) OF CONTRACTS § 71, cmt. e (1981)." In re Asia Global Crossing, Ltd., 326 B.R. 240 (Bankr. S.D.N.Y. 2005)

Unilateral contracts (BSD style license) have consideration by way of performance.

Rjack :)

-- "[A] condition precedent is a condition precedent to performance
under the contract, not formation of the contract. When a
condition precedent is not satisfied, it relieves a party to the
contract of the obligation to perform. It does not negate the
existence of the contract or the binding contractual relationship
of the parties."; Moratzka v. United States (In re Matthieson),
63 B.R. 56, 60 (D.Minn.1986) --

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