Re: Contracts and licenses

[Brian Thomas Sniffen <bts@alum.mit.edu>]

Arnoud Engelfriet <galactus@stack.nl> writes:

> My response: I do not accept the license grant. Therefore, I 
> have rejected your offer and so I am not bound to do anything 
> in return. 

So if you say you want to give me your watch, and I say I want it, can
you not accept my desire, and so reject my offer to receive your
watch?

The more I learn about this system, the more I think the word
"contract" or even "agreement" is a terrible translation, because they
both denote bilateral action.  "Obligation" seems to be appropriately
unilateral.

In any case, in the US a contract has a few requirements inconsistent
with a free license:

* A meeting of minds: the license issuer need never receive
  communication from the licensee, so how can there be meeting of the
  minds?

* A consideration: if the license document specifies consideration to
  the licensor, the license can't be free.

I *think* those are the only parts of the definition completely
incompatible with a free license.

-Brian

-- 
Brian Sniffen                                       bts@alum.mit.edu