Hi,
Am Di, den 25.11.2003 schrieb Anthony DeRobertis um 21:27:
> On Nov 25, 2003, at 13:54, Joachim Breitner wrote:
> No, it has nothing to do with whether a promise is kept, but it does
> have something to do with if a legal promise ( = contract ) is made. A
> contract (at least in many places) needs an offering ("consideration")
> from both sides; and if you paid nothing, I doubt you've made one.
>
> That's not always the case --- for example, if its adware, then being
> subjected to ads is it. Or at least I'd argue.
>
> But if I just hand you a floppy disk with two files on it, program.exe
> and COPYING, and ask nothing in return, what contract could of been
> formed?
Ok, your point seems valid here, especially in private business and in
isolated products (yet another text editor). But in this case, we are
talking about something I need to make the hardware run. And though I
didn't pay for the firmware, I payed for the hardware (here is our
contract) and thus need the firmware. And along with the firmware they
hand out to me because I bought their hardware, they give me the promise
(the GPL).
Assume you alter your example: I sell you my old computer. I say, if you
want, you can get an operating system for that computer for free. You
take it. I give you the disk "as part of the system" (though not
necessarily the same time) and then all promises made along this (it
works, you can get a second disk if your dogs eats this one, you can get
the source) are binding.
> > And does it matter whether they advertised the GPL? I also think this
> > does not change any facts. As said before (not checked by me), the GPL
> > is noted in the firmware file - could be enough of an "advertisement"
> > for someone really looking for Free firmware.
> Maybe, but I suspect even if that were the case, all they could do is
> demand their money back (for the card purchase).
Yes, I guess this is always the company's alternative.
nomeata
(Sorry I cound't stop :-))
--
Joachim "nomeata" Breitner
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