Re: Some licensing questions regarding celestia
On Mon, Sep 08, 2003 at 07:54:35PM -0700, Don Armstrong wrote:
> On Mon, 08 Sep 2003, Rick Moen wrote:
> > Moreover, the enforceability of shrinkwrap licences has been heavily
> > contested and is in ongoing doubt, as they have tended to be ruled to
> > be contracts of adhesion (i.e., lacking in meaningful privity of
> > contract).
>
> Certainly. But the mere application of the standards of contracts to
> them is indicative of case law considering them as contracts, which is
> why I brought those citations up.
Um. Shrinkwrap licenses are essentially different from free software
licenses, because they RESTRICT rather than PERMIT. You keep ignoring
this difference. A contract would be the only way to impose restrictions
beyond those specified by copyright law, so the shrinkwrap licensses
were examined to see if they qualified as contracts. There's no need
to examine the GPL that way.
Richard Braakman
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