Re: APSL Hidden Nasty's
On 18 Mar 1999, John Hasler wrote:
> Jules Bean writes:
> > But you think that minors cannot work on GPL programs?
>
> I said *if* a minor cannot agree to the GPL. I'm not entirely certain he
> can't.
>
> It is my understanding that the theory behind the unenforceability of
> contracts with minors is that they are considered to be unable to
> understand the consequences of entering into a contract. Thus if you get
> our 16 year old to agree to pay you $1000 a week for the use of your
> program and then sue him when he doesn't pay, the judge will tell you that
> the kid didn't know what he was getting into and you won't get your money.
> You probably will get your program back, though.
>
> One could argue that the GPL is different in that in accepting it the kid
> doesn't give anything up and so his decision cannot harm him. At worst the
> copyright owner would be unable to require specific performance and would
> have to settle for revoking the rights granted by the GPL, putting the kid
> where he would be had he never accepted it. Not much of a problem, really.
I checked with my local friendly software lawyer. He said that minors can
enter into copyright licenses - the key point being that a copyright
license *gives* a right which the minor didn't have before (so he can't
complain it's restricting him). That does leave open the question that a
minor might well be able to avoid the more circuitous twists of a license,
if he claims he didn't understand his obligations.
>
> A more serious question is whether a minor can license his own work without
> his guardian's consent. I don't think he can. I think that a court would
> rule that in doing so he is giving up valuable rights and that he is not
> competent to make the decision to do so. It is probable that a license
> (free or not) granted by a minor is void unless he gets his guardian's
> permission.
Interesting point. I passed that question on to my friend.
Jules
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| Jules aka | jules@debian.org | Richmond, Surrey |
| Julian Bean | jmlb2@hermes.cam.ac.uk | TW9 2TF *UK* |
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