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Re: Effect of transfer of copyright on free software licenses?

From: Alexander Terekhov
Subject: Re: Effect of transfer of copyright on free software licenses?
Date: Thu, 23 Jul 2009 22:40:22 +0200

Hyman Rosen wrote:
> Alexander Terekhov wrote:
>  >
> What about it? Bushnell discusses Jacob Maxwell v. Veeck, where
> a court found that an implied nonexclusive license had been granted
> by the rights holder due to his various failures to object to
> infringing behavior. That's another case where there were direct
> negotiations and unclear oral agreements between the parties. It
> has nothing to do with the GPL, which spells out requirements for

Stop being utter idiot Hyman.

Not open to negotiation. "The terms of this contract are absolutely
non-negotiable; the company will not budge."

In law of business, the Standard Form Contract is one of its main
topics. A standard form contract is a contract between two parties that
does not allow for negotiation, or more commonly defined as the “take
it, or leave it”. 

It is often a contract that is entered into between unequal bargaining
partners, such as when an individual is given a contract by the
salesperson of a multinational corporation.

As a general rule, the common law treats standard form contracts as any
other contract."

It is also known as "contract of adhesion", silly.

It's very useful as a propaganda device to make it appear that there
is some rich vein of unmined law in this area, and therefore some
difficulty in applying the mountain of case law relevant to any given
fact pattern involving the GPL.  But the truth as I see it (and I am
not alone) is that the GPL is a somewhat unconventionally drafted but
otherwise completely routine contract of adhesion.


(GNG is a derecursive recursive derecursion which pwns GNU since it can 
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards 
too, whereas GNU cannot.)

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