[...] You might find the last two weeks of MPL & Contract discussion useful.
...or not. I'm afraid I don't particularly want to learn huge detail about foreign law systems right now, as I have enough trouble trying to follow the way the English one bucks and weaves. I found many of the emails on that contract subthread aggressive, hostile and difficult to read, so I skipped a lot of them. If it was important, someone would post a summary.
Consideration is apparently required only in common-law systems, and the civil-law nations' lawyers persist in translating a wildly different concept with the word "contract"
The one I saw ("Vertrag") seems more like a binding or a pact than a contract.
I guess if a licence agreement requires one of those to be formed, then either someone who understands those systems explains why it would not follow the guidelines, or Branden's proposed test needs limiting to licenses permitting application under contract-based/common-law jurisdiction.
-- MJR/slef My Opinion Only and not of any group I know http://www.ttllp.co.uk/ for creative copyleft computing "To be English is not to be baneful / To be standing by the flag not feeling shameful / Racist or partial..." (Morrissey)