privity (was Re: Fwd: [linux-elitists] Wow, M$ is even more evil than I thought)

Karsten M. Self kmself@ix.netcom.com
Tue Apr 3 16:44:38 PDT 2001


on Mon, Apr 02, 2001 at 07:57:55PM -0700, Seth David Schoen (schoen@loyalty.org) wrote:
> Heather writes:

> The reason licenses might not be perpetual even when they have no
> particular term is that licenses to do things with real and personal
> property can generally be revoked.  And a promise without exchange of
> consideration is also not usually legally enforceable.  Some people
> say that distribution itself, or bug reports, or development, is a
> form of consideration, but there is an objection that there no
> "privity of contract" there.
> 
> Privity is a term of art I don't quite understand.  But it's something
> you don't have in most software licensing, whether proprietary or
> free.

I don't claim understanding, but I can spew verbage.  From _Black's Law
Dictionary_:

    privity.  The relationship between two contracting parties, each
    having a legally recognized interest in the subject matter of the
    contract; mutuality of interest "the buyer and sseller are in
    privyity".  Also termed _privity of contract_.

Cheers.

-- 
Karsten M. Self <kmself@ix.netcom.com>    http://kmself.home.netcom.com/
 What part of "Gestalt" don't you understand?       There is no K5 cabal
  http://gestalt-system.sourceforge.net/         http://www.kuro5hin.org
-------------- next part --------------
A non-text attachment was scrubbed...
Name: not available
Type: application/pgp-signature
Size: 232 bytes
Desc: not available
Url : http://allium.zgp.org/pipermail/linux-elitists/attachments/20010403/6c94dc39/attachment.pgp 


More information about the linux-elitists mailing list