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Re: Contracts and licenses

On Tue, 2004-06-29 at 21:16, Brian Thomas Sniffen wrote:

I really do not see why these are a problem to have free licenses:

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

already discussed properly. the meeting can be one-directional.

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

In case of a free license, the consideration will be on the side of the
licensee, namely refraining from any non-free clause. The thing is, just
like the licensor, the licensee doesn't need to accept a (non-free)
license, but as he will make the first offer, the license he chooses
will be a license he has accepted. The thing you seemed to have missed,
is that the consideration in a one-sided contract doesn't need to be on
the side of the party imposing the contract. It's a bit like the
contract of a gift. The only consideration in a gift is on the side of
the party imposing the contract. And don't worry, gifts are entirely
legal in civil law.

So those two requirements are entirely -in my view- consequent with free

Q:      What's tan and black and looks great on a lawyer?
A:      A doberman.

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