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Not So SimpleNot So SimplePosted Dec 4, 2003 7:13 UTC (Thu) by brouhaha (subscriber, #1698)In reply to: Not So Simple by ncm Parent article: The GPL Is a License, not a Contract
While nothing forces a licensee to return something of value, once having returned something of value, the licensee can claim to have executed an agreement.No, because the licensor is not under any obligation to accept any return of something of value, or to admit that the licensee has even provided anything of value. The licensor thus cannot unilaterally turn the license into a contract. If I tell you that you can swim in my swimming pool on Thursdays, I've granted you a license. You can't turn it into a contract by dumping some chlorine into the pool and claiming that you've returned something of value.
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Not So Simple Posted Dec 4, 2003 7:16 UTC (Thu) by brouhaha (subscriber, #1698) [Link] I wrote:The licensor thus cannot unilaterally turn the license into a contract.That's true, but I meant to write that the licensee cannot unilaterally turn the license into a contract.
Not So Simple Posted Dec 7, 2003 23:45 UTC (Sun) by ncm (subscriber, #165) [Link] This seems to contradict the above:ยง45. OPTION CONTRACT CREATED BY PART PERFORMANCE OR TENDER(Thanks to gumout.)
Not So Simple Posted Dec 8, 2003 5:28 UTC (Mon) by ncm (subscriber, #165) [Link] Also, seehttp://www.idea.piercelaw.edu/articles/33/33_2/p225.Jones.pdf
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