Hyman Rosen wrote: [...] > According to this paper, > <http://www.sapnakumar.org/EnfGPL.pdf> > the GPL is not a contract.
"Part IV proposes that the GPL is a failed contract, which lacks only consideration. It advocates enforcing the license through state promissory estoppel law and the Copyright Act." LOL. I propose Sapna Kumar is just crazy. The GPL is full of consideration on both sides. Licensor's consideration is a promise not to sue for copyright infringment. Licensee's consideration is all the enforcable obligations imposed by the license. The result is a belateral contract. "However, implicit in a nonexclusive license is the promise not to sue for copyright infringement. See In re CFLC, Inc., 89 F.3d 673, 677 (9th Cir. 1996), citing De Forest Radio Telephone Co. v. United States, 273 U.S. 236, 242 (1927) (finding that a nonexclusive license is, in essence, a mere waiver of the right to sue the licensee for infringement); see also Effects Associates, Inc. v. Cohen, 908 F.2d 555, 558 (9th Cir. 1990) (holding that the granting of a nonexclusive license may be oral or by conduct and a such a license creates a waiver of the right to sue in copyright, but not the right to sue for breach of contract)." Jacobsen v. Katzer, No. 3:06-cv-01905, (N.D. Cal. 2007) regards, alexander. P.S. "Every computer program in the world, BusyBox included, exceeds the originality standards required by copyright law." Hyman Rosen <hyro...@mail.com> The Silliest GPL 'Advocate' P.P.S. "Of course correlation implies causation! Without this fundamental principle, no science would ever make any progress." Hyman Rosen <hyro...@mail.com> The Silliest GPL 'Advocate' -- http://gng.z505.com/index.htm (GNG is a derecursive recursive derecursion which pwns GNU since it can be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards too, whereas GNU cannot.) _______________________________________________ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss