Re: PROPOSED: the Dictator Test

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

MJ Ray <mjr@dsl.pipex.com> writes:

> IIRC, if it requires a contract to be formed, there needs to be some
> sort of consideration from licensee to licensor in exchange for the
> permissions. Could that consideration arguably be called a fee and
> therefore this test would be a simple illustration of DFSG 1?

I think you've missed the debate over Common Law and Civil Law
definitions of contracts which has been going on for the last few
days.  You might find the last two weeks of MPL & Contract discussion
useful.

Consideration is apparently required only in common-law systems, and
the civil-law nations' lawyers persist in translating a wildly
different concept with the word "contract"

-Brian

-- 
Brian Sniffen                                       bts@alum.mit.edu