Re: Some licensing questions regarding celestia
Quoting Arnoud Galactus Engelfriet (galactus@stack.nl):
> The question whether a copyright license necessarily is a contract has
> nothing to do with the Berne Convention.
I'm sure you'll have noticed that I didn't say it did.
(As with my making that same comment to Andreas, I'm being _ironic_:
Plainly, you didn't bother to read my post carefully, since you are
reading into it a meaning wildly different from its plain sense.)
> Germany, like most European countries, does not require
> "consideration" to be present in a contract.
That is vaguely interesting to know.
> If I make an offer and you accept it, we've got a contract.
You're saying there are _no_ other required elements of contract
formation under German law? That seems very difficult to believe.
In English-derived common law legal systems (such as that of the USA),
the required elements are:
Agreement:
Offer. This entails:
Quantity (what is being exchanged)
Time (when the contract must be performed)
Identification of parties
Price
Subject matter (what is the person making the offer willing to give)
(Additionally, there must be serious intent to enter into a bargain, and
certainty and definiteness of terms.)
Acceptance. This entails:
Serious intent to be bound.
Communication to offeror.
(Offer and acceptance jointly establish privity of contract.)
Consideration.
Capacity (of offeror and offeree).
Lawful purpose.
Genuineness of assent (no fraud, duress, undue influence).
Form (i.e., some kinds of contract must be of written form).
Are you saying that parties to German contracts aren't required to have
the legal capacity to enter into contracts? Are they binding against
infants? Somehow, I rather doubt it.
--
Cheers, First they came for the verbs, and I said nothing, for
Rick Moen verbing weirds language. Then, they arrival for the nouns
rick@linuxmafia.com and I speech nothing, for I no verbs. - Peter Ellis
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