Re: freedomization task list [was: Re: Dangerous precedent being
Raul Miller <firstname.lastname@example.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.