Re: Contracts and licenses

[Arnoud Engelfriet <galactus@stack.nl>]

Nathanael Nerode wrote:
> Arnoud Engelfriet wrote:
> > Since the contract does not give me obligations, you cannot
> > enforce anything. But I can enforce it against you if you
> > later say I am not licensed.
> I think that is the key point.  In common-law countries, both sides must
> have obligations for it to be a 'contract' (one side makes the 'offer' and
> receives the 'consideration').  If only one side has obligations, it's not
> called a 'contract'; it's a 'gift', perhaps.

Yes, that's my understanding as well.

> In common law countries we say "the license grant should not be a
> contract". In civil law countries, I'm not quite sure how to translate
> that.

I'm not sure *why* a copyright license grant shouldn't be
a contract. I understand this creates problems in common
law countries because of the lack of consideration. But in
civil law countries, _giving someone directions_ creates a
contract. So why not giving someone a copyright license?

Arnoud

-- 
Arnoud Engelfriet, Dutch patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies: http://www.iusmentis.com/