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Re:



"Michael K. Edwards" <m.k.edwards@gmail.com> writes:

> An action for copyright
> infringement, or any similar proceeding under droit d'auteur for
> instance, will look at the GPL (like any other license agreement) only
> through the lens of contract law.  IANAL, TINLA.  I don't believe you
> have succeeded in providing any evidence to the contrary.

Um, it is true that the rules for interpreting the meaning of licenses
are more or less the same as the rules for interpreting contracts.  It
does not follow that licenses are therefore contracts.

> Contract law (or its equivalent in a civil law system) always applies
> to offers of contract; that's kind of tautological.  And the GPL has
> no legal significance as anything other than an offer of contract,
> except perhaps as a public statement by the FSF and hence conceivably
> as grounds for estoppel.

Huh?  What about the license as just what it purports to be: a
license?  

There is a thing you are not considering: it is a unilateral grant of
conditional permission.  This is a perfectly well-traveled area of
law.

Thomas



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