Re: Contracts and licenses

[Nathanael Nerode <neroden@twcny.rr.com>]

Arnoud Engelfriet wrote:

> Brian Thomas Sniffen wrote:
<snip>
>> * A consideration: if the license document specifies consideration to
>>   the licensor, the license can't be free.
> 
> I think this is the crux of the matter. But -just thinking
> aloud here- what if the consideration is "you promise to
> distribute your derivative works only under these same terms"?
> Something like that anyway. It certainly would be a valuable
> return to the licensor.

Ah, but is it really consideration?  Without the license grant, the
derivative works cannot legally be created or distributed at all.  This is
merely a restriction on how they can be distributed; as such, it is a
limited grant of permission, not an exchange.

For a similar example, suppose I made the following offer:
"You may withdraw and spend money from my bank account, as long as you spend
10% of the money you take out on chocolate."

Without the agreement, you can't spend *any* money from my bank account. 
With the agreement, you can, although you have to spend some of it in a
particular way.

-- 
There are none so blind as those who will not see.