does a free license make software free?
David Picón Álvarez
eleuteri at myrealbox.com
Tue Oct 16 18:54:28 UTC 2007
From: "Alex Hudson" <home at alexhudson.com>
> That's not strictly true in many jurisdictions, including the UK, and
> it's also not true to say that all distribution of GPL'd software would
> necessarily preclude consideration in either direction.
I would actually say this is strictly untrue in many jurisdictions. At least
in many with civil codes, a contract is not an exchange of considerations,
but some kind of mutual agreement that creates an obligation. For instance,
donations are contracts under this regime, and if I agree to donate
something to you, in normal circumstances, I can't simply revoke it.
> I'm not saying the original author is distributing under the terms of
> GPL, just that if they claim to do that but fail to perform, recipients
> may have some kind of recourse.
I suspect there are at least 3 approaches to give action to the recipient.
One is to say that the GPL is a contract and creates an obligation on the
granter to fulfill it. A second one is to say the information given by the
granter is a public offer, and when accepted by the recipient binds the
granter to fulfill the conditions of the offer (GPL). A third is the
doctrine of non-negation of one's own acts. This means that if you give me a
licence to enter your home, for instance, you can't then deny your own act
and sue me for entering your private property.
--David.
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