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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 2.0.0.16 (Windows/20080708) |
Rahul Dhesi wrote:
Rjack <me@there.com> 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.
Sincerely,
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) --
- Re: The GPL dream is finally over!, (continued)
- Re: The GPL dream is finally over!, Andrew Halliwell, 2008/08/16
- Re: The GPL dream is finally over!, Andrew Halliwell, 2008/08/16
- Re: The GPL dream is finally over!, Rjack, 2008/08/16
- Re: The GPL dream is finally over!, Andrew Halliwell, 2008/08/16
- Re: The GPL dream is finally over!, Rjack, 2008/08/16
- Re: The GPL dream is finally over!, Alexander Terekhov, 2008/08/16
Re: The GPL dream is finally over!, Rex Ballard, 2008/08/16
- Re: The GPL dream is finally over!, Andrew Halliwell, 2008/08/16
- Re: The GPL dream is finally over!, Rjack, 2008/08/16
- Re: The GPL dream is finally over!, Rahul Dhesi, 2008/08/16
- Re: The GPL dream is finally over!,
Rjack <=
- Re: The GPL dream is finally over!, David Kastrup, 2008/08/17
- Re: The GPL dream is finally over!, thufir, 2008/08/17
- Re: The GPL dream is finally over!, Rjack, 2008/08/17
- Re: The GPL dream is finally over!, thufir, 2008/08/17
Re: The GPL dream is finally over!, Rahul Dhesi, 2008/08/16
Re: The GPL dream is finally over!, Moshe Goldfarb., 2008/08/17
Re: The GPL dream is finally over!, Tim Smith, 2008/08/16