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Re: RFH: GPLv3
On Jul 16, 2007, kenner@vlsi1.ultra.nyu.edu (Richard Kenner) wrote:
>> A contract requires parties who come to an agreement. Further it requires
>> consideration. Neither are present in the GPL.
> Of course software licenses have consideration: one party is getting to use
> software and the other party is giving the conditions (very roughly speaking)
> under which that software can be used.
This doesn't appear to be enough consideration to establish a
contract.
http://www.gnu.org/philosophy/enforcing-gpl.html
by Eben Moglen, FSF legal counsel
Licenses are not contracts: the work's user is obliged to remain
within the bounds of the license not because she voluntarily
promised, but because she doesn't have any right to act at all
except as the license permits.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=936403
SAPNA KUMAR, Duke University - School of Law
Attorneys have attempted to construe the GPL as a contract. If the
contract model worked, it would provide the most protection to
agreements made under the GPL. But there is no way to interpret the
license such that the consideration requirement is met.
Though the GPL is not a contract, it is enforceable. The Copyright
Act does not require the formation of a contract in order for an
author to enforce her rights against a copyright
infringer. Likewise, a licensee is protected if the licensor
breaches and the licensee relied on the license to her detriment.
--
Alexandre Oliva http://www.lsd.ic.unicamp.br/~oliva/
FSF Latin America Board Member http://www.fsfla.org/
Red Hat Compiler Engineer aoliva@{redhat.com, gcc.gnu.org}
Free Software Evangelist oliva@{lsd.ic.unicamp.br, gnu.org}