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Re: Contracts and licenses

@ 28/06/2004 15:38 : wrote Brian Thomas Sniffen :

>A whole bunch of your argument was balanced on the claim that one
>had to accept the GPL in order to receive the licenses it offers,
>because it's a contract, and that it had to be a contract, because
>one had to accept it to receive certain benefits.
>I don't think either of those is true, and this is a good example
>of why I think that.  Calling it a nitpick doesn't make it less of
>a counterexample to your claims.

Anyway, it depends on your jurisdiction. Here in Brasil, *every*
software license is a contract, and is ruled, aside from the
dispositions in Copyright Law (9.610/98) and Computer Programs Law
(9.609/98), to Contract Law and the Civil Code.

So, here, basically it's legally binding a license "contract" that
says you can only *use* the program or the data generated by it if
you are wearing yellow underpants (not really, but almost).

>And I'll continue to argue that a license granted only by contract
>is non-free.  To the extent that applies to the MPL, it's certainly

IRT jurisdicions like ours where, every license is only granted by
contract, where do you stand?


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