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

Re: non-enforcability of the BSD advertising clause

John Goerzen <jgoerzen@complete.org> writes:

> I would not be surprised to have a court hold that "restricted" in this
> instance applies solely to government restrictions, and that contractual
> restrictions (such as agreeing to a license) are still permissible, since
> nobody forced the company to agree to that restriction.

Maybe so.  But a free software license is not a contractual

In the US, the courts look very disfavorably on any agreement that
prohibits you from telling the truth publicly.  Some are indeed
enforced, but they are read very strictly.

> Using the broader interpretation, you would find, for instance, that NDAs
> are unenforcable.

No, merely that an NDA which relied on the free-software style of
license would be unenforceable.  One that actually involved a
*contract*, with a *signature*, might be different.

Reply to: