>> > Okay. But my point was that the copyright holder can grant >> > portions of his rights under copyright without obtaining >> > the signature of the recipient(s), while usage rights require >> > a contract. > > >> Do you think the GPL creates a contract?
>No, I don't. I think it is a mechanism by which the copyright holder grants a portion of his rights under copyright law to anyone at all, but only under certain conditions. Such grant does not require a contract. >By exercising such rights as are granted under the GPL, anyone other than the copyright holder accepts the defined conditions, and is bound by in exercising those rights. Signatures are not always necessary for formation of contracts. Software license arrangements fit comfortably within normal contract analysis patterns, and courts treat them that way. It's a mistake to think courts would not treat the GPL and other open-source licenses as contracts. TINLA. You are not my client. I am posting merely to keep the conversation moving. Noel D. Humphreys Senior Counsel Akin, Gump, Strauss, Hauer & Feld L.L.P. voice - 212.872.1016 fax - 212.872.1002 590 Madison Avenue New York, New York 10022 [EMAIL PROTECTED] -----Original Message----- From: Samuel Reynolds [mailto:[EMAIL PROTECTED]] Sent: Wednesday, November 14, 2001 2:03 PM To: [EMAIL PROTECTED] Subject: RE: OSD compliant shareware > -----Original Message----- > From: Forrest J Cavalier III [mailto:[EMAIL PROTECTED]] > Sent: Wednesday, November 14, 2001 11:52 AM > Subject: RE: OSD compliant shareware > > > > Okay. But my point was that the copyright holder can grant > > portions of his rights under copyright without obtaining > > the signature of the recipient(s), while usage rights require > > a contract. > > > > Do you think the GPL creates a contract? No, I don't. I think it is a mechanism by which the copyright holder grants a portion of his rights under copyright law to anyone at all, but only under certain conditions. Such grant does not require a contract. By exercising such rights as are granted under the GPL, anyone other than the copyright holder accepts the defined conditions, and is bound by in exercising those rights. (As always: IANAL, TINLA, IMHO, etc.) - Sam -- license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3 The information contained in this e-mail message is intended only for the personal and confidential use of the recipient(s) named above. This message may be an attorney-client communication and/or work product and as such is privileged and confidential. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately by e-mail, and delete the original message. -- license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3
