[linux-elitists] The breadth of SCO's claims
Fri Jul 4 14:57:42 PDT 2003
Quoting Aaron Sherman (firstname.lastname@example.org):
> Every lawyer I've ever spoken to about software copyright and
> licensing has always made it clear that a license *is* a contract.
Please be specific. The particular licences they were looking at, when
you spoke to them, would typically have been part of a business
contract, as the situations lawyers are accustomed to dealing with most
typically involve proprietary software.
> If copyright law defines it as a non-contract, I've never seen that,
> and would be open to it.
Please try re-reading (as examples) what the GPL and LGPL _state_.
Please also re-read the Second Restatement of Contracts to see why
privity is a problem with redistribution. If you are not yet familiar
with the required elements of contract -- and it seems very likely that
you are not -- then you are wasting your time and mine.
> I think what you're snagging on here is this: The various licenses
> that you list are OPTIONAL.
1. Don't try to teach your grandmother to suck eggs.
2. That's not relevant to the topic.
> The reason that they work is that copyright law prevents you from
> distributing or deriving your own works without a license to do so.
> That license is very much a contract....
> Yes it was based on that premise, which as far as I understand, is a
> correct premise.
Sorry, I don't have time for this.
> As for privity, I think that's covered quite well in section 5 of the
> GPL. You get to accept the terms of the GPL at any time, and if you do
> not you don't get its benefits, but you're welcome to go down that
> road if you wish.
Kindly re-read the definition of privity.
> I'm planning on writing an extensive essay on Open Source licensing
> for people who are trying to decide how to license their software....
Please don't. I mean that sincerely.
Maybe Karsten has time and patience for revisiting this matter with you,
but I don't.
Cheers, First they came for the verbs, and I said nothing, for
Rick Moen verbing weirds language. Then, they arrival for the nouns
email@example.com and I speech nothing, for I no verbs. - Peter Ellis
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