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

Karsten M. Self
Tue Apr 3 16:44:38 PDT 2001

on Mon, Apr 02, 2001 at 07:57:55PM -0700, Seth David Schoen ( 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

    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_.


Karsten M. Self <>
 What part of "Gestalt" don't you understand?       There is no K5 cabal
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