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limits to contract formation, "force", and more of the.. Re: [OT] Droit d'auteur vs. free software?

 --- "Thomas Bushnell, BSG" <tb@becket.net> からのメッセ
> Arnoud Galactus Engelfriet <galactus@stack.nl>
> writes:
> > Glenn Maynard wrote:
> > > On Mon, May 12, 2003 at 07:45:51PM +0200, Arnoud
> Galactus Engelfriet wrote:
> > > > The motivation for making them unrevokable is
> to prevent
> > > > authors from being forced to accept
> unconditional surrender
> > > > of their works. Then they could be made to
> look like total
> > > 
> > > So the only way to prevent this is to remove my
> right to do it at all?
> > > That's ludicrous.  Rights are not preserved by
> revoking other rights.
> > 
> > The law wants to prevent you, as an author, from
> being forced
> > to unconditionally surrender your copyrights.
> That's why the
> > moral rights are not revokable and not
> tranferable.
> "Forced"?  Please explain what this supposed "force"
> is to consist in.

There are alot of articles exploring the philosophical
basis and justifications for the proposition; suffice to
say even here in the land of apple pie and baseball, you
*cannot* make an enforcable contract if the court deems
you incapable of making legal agreements, eg. capacity to

Moreover, if you contract for something or exchange with
something the law has determined is out of bounds, you are
agreement is a nullity, eg. illegality.

There are other examples related other fairness issues but
you might consider that even with contract the law
protects you from being taken advantage, irrespective of
what personal opinion may be.  

You are "forced" to accept the benefit of the law's
protection of you...

Consider though though that whether you are given a choice
to "opt-in" to protections varies on the circumstances. 
For example, if you are a mentally incompetent
individually your contracts are always void, but as an
adult you have the "choice" to accept a contract you made
as a minor--or reject it.

All notions of freedom have limits, and are always subject
to interpretation.  There are many examples outside of
U.S. contract law.

For more research on the topic review the Contract
"Defenses to Formation" of capacity, illegality,
unconscionability, fraud, mistake, and undue influence. 
Illinois Legal Aid has a decent description at

James Miller

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