[Date Prev][Date Next] [Thread Prev][Thread Next] [Date Index] [Thread Index]

Re: freedomization task list [was: Re: Dangerous precedent being



Raul Miller <moth@debian.org> writes:

> On Tue, Dec 14, 1999 at 03:00:12PM -0500, Thomas Bushnell, BSG wrote:
> > The GPL is also not a contract, it's a public license.
> 
> It's a license which offers contractual terms for those who wish to
> redistribute the software. In exchange for restricting yourself to the
> conditions of the license you gain the right to redistribute the software.

Ack!  Precision of language is important.

It's a license which offers terms for those who wish to redistribute
the software.  The terms are not contractual (though in many respects
the *interpretation* of the words follows similar rules to the rules
for interpreting contracts)--the terms are a grant of permission.  

You are trying to make it a "contract" by rephrasing it as an
"exchange", but it really doesn't legally function that way.  A
contract has many properties that the GPL lacks.  It is instead a
grant of permission, like where a person gives you permission to
borrow their car or walk across their field.

Thomas


Reply to: