Perhaps I was less than clear before so I'll restate my intention. I found the entire article interesting because it discusses the additional reliability that comes with consideration and manifesting assent to an agreement. Many of us in the Free Software community do a lot of work where (according to the article) our rights to copy, modify, and distribute software may be taken away. Therefore I thought it would be valuable to point to an argument showing why our rights can be taken away and how we can work on more solid ground.
Happy hacking.

