Re: Apple's APSL 2.0 " Debian Free Software Guidelines"-compliant?
On Sun, 2004-06-27 at 14:36, Raul Miller wrote:
> On Sun, Jun 27, 2004 at 08:07:22AM -0400, Nathanael Nerode wrote:
snip
> > > Any law or
> > > regulation which provides that the language of a contract shall be
> > > construed against the drafter will not apply to this License.
> > What the heck does this do? I don't like the look of it.
>
> It means either (a) that the license is not a contract, or (b)
> that the license is invalid.
In Germany, contract law covers about every transaction that affects
rights. Even if I give my kid 1 EUR to buy an ice cream, that's a
contract between me and my child.*) As a result of this broad
application of contract law there are a lot of special regulations and
interpretations for these types of "everyday-contracts" such as a
general exclusion of liability for contracts with an absence of
consideration.
Combined with the principle of Precatory Language I'd have a strong
leaning for (b) with respect to German jurisdiction.
(It should be noted, however, that the recent proliferation of Free
Software has sparked discussion about this issue in the legal community
and prevailing opinion may change in the future)
*) ignore the issue of contractual capability of a child for this
example
Patrick
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