Alexander Terekhov wrote:
FOSS licenses have neither scope-of-use limitations nor any conditions
precedent to the grant of rights. Hence FOSS licensors "can sue only for
breach of contract".
False, of course.
<http://www.cafc.uscourts.gov/opinions/08-1001.pdf>
The Artistic License states on its face that the document creates
conditions: "The intent of this document is to state the conditions
under which a Package may be copied." (Emphasis added.) The Artistic
License also uses the traditional language of conditions by noting
that the rights to copy, modify, and distribute are granted "provided
that" the conditions are met. Under California contract law, "provided
that" typically denotes a condition.
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