On 18 Mar 1999, John Hasler wrote: > Jules Bean writes: > > But you think that minors cannot work on GPL programs? > > I said *if* a minor cannot agree to the GPL. I'm not entirely certain he > can't. > > It is my understanding that the theory behind the unenforceability of > contracts with minors is that they are considered to be unable to > understand the consequences of entering into a contract. Thus if you get > our 16 year old to agree to pay you $1000 a week for the use of your > program and then sue him when he doesn't pay, the judge will tell you that > the kid didn't know what he was getting into and you won't get your money. > You probably will get your program back, though. > > One could argue that the GPL is different in that in accepting it the kid > doesn't give anything up and so his decision cannot harm him. At worst the > copyright owner would be unable to require specific performance and would > have to settle for revoking the rights granted by the GPL, putting the kid > where he would be had he never accepted it. Not much of a problem, really.
I checked with my local friendly software lawyer. He said that minors can enter into copyright licenses - the key point being that a copyright license *gives* a right which the minor didn't have before (so he can't complain it's restricting him). That does leave open the question that a minor might well be able to avoid the more circuitous twists of a license, if he claims he didn't understand his obligations. > > A more serious question is whether a minor can license his own work without > his guardian's consent. I don't think he can. I think that a court would > rule that in doing so he is giving up valuable rights and that he is not > competent to make the decision to do so. It is probable that a license > (free or not) granted by a minor is void unless he gets his guardian's > permission. Interesting point. I passed that question on to my friend. Jules /----------------+-------------------------------+---------------------\ | Jelibean aka | [EMAIL PROTECTED] | 6 Evelyn Rd | | Jules aka | [EMAIL PROTECTED] | Richmond, Surrey | | Julian Bean | [EMAIL PROTECTED] | TW9 2TF *UK* | +----------------+-------------------------------+---------------------+ | War doesn't demonstrate who's right... just who's left. | | When privacy is outlawed... only the outlaws have privacy. | \----------------------------------------------------------------------/