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Re: Some licensing questions regarding celestia

Quoting Arnoud Galactus Engelfriet (galactus@stack.nl):

> You said in your previous message that you "had in mind the
> overwhelming majority of jurisdictions that have copyright 
> regimes in line with the Berne Convention and that lack such
> additions." I interpreted this to mean that you thought that
> the BC was somehow relevant to Andreas' comment that in
> Germany you always make a contract, even with GPL.
> So now I am curious why you brought up the BC at all? 

Copyright regimes around the world tend to be more similar than
different in large part because they've mostly been brought into harmony
with the Berne Convention.  I had thought this was a familiar notion.

> There are of course other elements, such as the capacity of the
> parties, the manner of making the offer and the acceptance, whether
> offer or acceptance was made under duress or under wrong impressions,
> and so on.

OK.  If you're going to be so picky as to object to a general
observation as having exceptions in a few jurisdictions (especially
when those exceptions are known from recent discussion), then I'd
suggest you should yourself be careful to speak precisely.

> Let's say I offer to give (donate) you a painting. You have
> to do nothing but accept it. I do not ask anything in return.
> Assuming all elements other than consideration are in order,
> is there a contract under US law? 

I'll tell you what:  I've posted the required elements of contract
formation under common law (and UCC, which technically would apply in that
example).  You figure it out.  Have fun.

Cheers,                                         kill -9 them all.               
Rick Moen                                       Let init sort it out.           

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