Re: Termination clauses, was: Choice of venue
On Fri, Jul 16, 2004 at 12:03:22AM +0100, MJ Ray wrote:
> What is this "royalty or other fee"? I claim it is the normal
> definition of consideration in an exchange, of payment in a sale
> transaction. A normal definition in English law is from Dunlop v
> Selfridge Ltd [1915] AC 847: "An act or forebearance of one party, or
> the promise thereof, is the price for which the promise of the other
> is bought, and the promise thus given for value is enforceable."
>
> Consider a developer distributing an application that links with a
> QPL'd work to a small group, not the general public. This developer
> must promise to give works produced by them to the licensor in
> exchange for the copyright licence. The promise is enforceable. The
> licensing is the price for which the promise is bought. In short, the
> promise is a fee!
How is the developer's promise to obey the license in the first place any less
of a fee by this definition? The fee is the behavioral constraints of the
developer as dictated by the licensor. In the case of the GPL, the promise
includes distributing source code in a preferred format for editing to those
who the developer themselves distribute to. The fee may not be payed directly
to the original licensor, but isn't it still a fee by this definition?
- David Nusinow
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