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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 07:57:51 -0400
User-agent: Thunderbird 2.0.0.16 (Windows/20080708)

thufir wrote:
On Sun, 17 Aug 2008 11:17:29 +0200, David Kastrup wrote:

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.
And if it is not circular, it isn't reasoning.  Or something.


Where does he get this notion that every license is a contract? They're similar, certainly, but, AFAIK, one isn't a subset of the other.


-Thufir


"Whether express or implied, a license is a contract 'governed
by ordinary principles of state contract law.'"; McCoy v. Mitsuboshi Cutlery, Inc., 67. F.3d 917, (United States Court of Appeals for the Federal Circuit 1995)

That ruling is from the same appellate circuit that issued the Jacobsen v. Katzer decision.

Sincerely,
Rjack :)


         -- What's sauce for the goose is sauce for the gander. --




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