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


From: Rjack
Subject: Re: Effect of transfer of copyright on free software licenses?
Date: Thu, 23 Jul 2009 19:14:38 -0400
User-agent: Thunderbird 2.0.0.22 (Windows/20090605)

Hyman Rosen wrote:
Rjack wrote:
Which all sounds just like the GPL is indeed a contract

Sure. It seems to fit the definition of a unilateral contract. So?

I believe you raised the issue of "license not a contract" in the
context of your denial concerning 17 USC 301(a). Remember when I cited
Professor Davis from CSU Law School:

"Once again, I feel that there is another agenda at work here, but the
legalities are crystal clear...

So. Why is this an issue? To allow the GPL legal effect but to avoid
some real or imagined consequences of it being treated as a contract
by the law? I'm afraid you can't have one without the other; to
repeat, if it's enforceable, it is, in essence, and in the end, a
contract."
http://lists.essential.org/upd-discuss/msg00131.html

The "agenda" for the GPL is to deny it's a contract (which are
enforced under color of state common law). 17 USC 301(a) preempts
copyright contracts whose terms attempt to regulate copyrights outside
of contractual privity -- that is to say contracts that attempt to
regulate "all third parties".

You may deny the effect of 17 USC 301(a) the same way that RMS denies
that the GPL is a contract but eventually reality will intrude.

When a store offers to send you some money after you buy a certain item, they do not say they are offering you a unilateral contract. They say they are offering you a rebate. When a store offers to buy
back an item you purchase if you do not like it, they do not say
they are offering you a unilateral contract. They say they are offering you a money-back guarantee.

Software universally comes with license agreements, so the GPL is a
 license.

Your babbling Hyman. Come on Hyman -- rejoin reality.

Sincerely,
Rjack


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