meeting of the minds
Posted Aug 22, 2003 18:50 UTC (Fri) by
brouhaha (subscriber, #1698)
In reply to:
meeting of the minds by giraffedata
Parent article:
Aiming at the GPL?
Why is there certainly no meeting of the minds?
Because for a contract to be valid, both parties have to receive something
of value. With the GPL, the licensee fairly clearly gets something of
value, the right to copy the code, but the licensor's value (if any) is
very abstract and probably not legally sufficient to make the contract
enforceable.
However, it doesn't NEED to be an enforceable contract per se. It works
fine as a conditional grant of rights. No one can be forced to accept it,
but if they don't accept it, they don't get any right to redistribute the
GPL'd code.
Disclaimer: IANAL.
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