does a free license make software free?

Michael Kesper mkallas at
Mon Oct 15 19:55:44 UTC 2007


Am Montag, den 15.10.2007, 11:25 +1000 schrieb Ben Finney:
> On 15-Oct-2007, Albert Dengg wrote:
> > On Mon, Oct 15, 2007 at 12:15:48AM +0100, MJ Ray wrote:
> > > If it's 100% yours, who could force you to fulfil the obligations?
> >
> > the license gives rights to your customer that can be fought for in
> > court
> The license is not a contract. The recipient of the work has certain 
> freedoms, but has *no* power over the copyright holder.

This is interesting. Are you sure of that, I mean, do lawyers agree to

> The copyright holder gives a unilateral grant of license to the 
> recipient under certain conditions; if those conditions are not 
> fulfilled, the recipient loses their license and may be sued. The 
> copyright holder is *not* bound by any conditions of the license.

> In summary: The copyright holder always has the rights granted under 
> copyright law. They can grant those rights to others under specific 
> terms, but the copyright holder is not themselves bound by those 
> terms.

I really love the way law contradicts common thinking. ;)

Best wishes
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