Tim Smith wrote:
In article <[EMAIL PROTECTED]>,
However, first you have to have a contract. With an offer looking to form a unilateral contract, it is offeree's performance that acts as acceptance of the contract. If offeree does not perform, as specified in the offer, there is no acceptance, and hence no contract.
I have heard it rumored that there are a least a few people (offeree's) who desire to use GPL'd code for their projects or to use Linux as their operating system. For that tiny minority (I doubt if there are more than a few million participants) the GPL becomes a contract when they download (copy to their hardrive) GPL'd code (i.e. GPL sec. 1. "You may copy and distribute. . .").
If you believe GPL sec. 5 then you also probably believe that the tooth fairy rides on the back of a flying pig. "5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it." Sincerely, Rjack -- [A] condition precedent is a condition precedent to performance under the contract, not formation of the contract. When a condition precedent is not satisfied, it relieves a party to the contract of the obligation to perform. It does not negate the existence of the contract or the binding contractual relationship of the parties."; Moratzka v. United States (In re Matthieson), 63 B.R. 56, 60 (D.Minn.1986) -- _______________________________________________ gnu-misc-discuss mailing list [email protected] http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss
