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Re: RES: What makes software copyrightable anyway?



On 5/17/05, Michael K. Edwards <m.k.edwards@gmail.com> wrote:
> > I claim that the GPL is not a contract.
> >
> > I don't believe I'm disputing any claim you've made when
> > I say this, because near as I can tell you have never
> > actually asserted that the GPL is a contract.  The closest
> > you've come seems to be this:

> This appears to be addressed to me, since that's a quote from
> something I wrote. 

Oh, yeah, wrong Michael. 

Oops.

Michael, I apologize for confusing you with Michael.

And, Michael, i also apologize for confusing you with Michael.

(I'm making light here, but I really do apologize.)

> If you are entirely unable to find, via your mail
> client or in the debian-legal archives, one of the dozens of times
> that I have written "the GPL is an offer of contract", here it is for
> your convenience:
> 
> <assertion by="guess who">
> The GPL is an offer of contract.
> </assertion>

Good enough.  I should probably point out that the GPL 
(in the U.S.A., where copyright is routinely resolved as 
a contractual issue, and, if both parties have agreed to it) 
would be treated as and "agreement" under contract law, 
and not the "contract".  At least, that's my understanding of 
§ 1-201 of the UCC.

http://www.law.cornell.edu/ucc/1/1-201.html

If you want to be technically correct, I think you could
call it a license, or even a license agreement.  (Though,
"license agreement" probably implies that an agreement
has been made -- which needn't be true in all contexts.) 

-- 
Raul



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