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Article #75119Re: Enforcability of a License
From: John Lynn Roseman
Date: Tue, 06 Nov 1990 20:10
Date: Tue, 06 Nov 1990 20:10
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karl@tut.cis.ohio-state.edu writes: > I am not a lawyer, and most of what I learned (or was misled about) > copyright law was what I read on this mailing list. > > I heard that shrink-wrap licenses were ruled unenforable because > a license is a form of contract, and a contract requires an > explicit agreement by both parties. It is NOT true that shrink-wrap licenses are unenforceable. They are not contracts, but are enforceable under copyright law (in many capitalist countries). Enforceability under copyright law does not require explicit agreement by both parties. > Some have claimed that the GPL is unenforable because it is > a license, and hence a contract, which requires explicit > agreement. Again, NOT true. All FSF software is copyrighted, and the license can be enforced under copyright law. Contract law is not relevant.
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X-Google-Language: ENGLISH,ASCII-7-bit X-Google-Thread: 1025b4,6740f13b7a007e73 X-Google-Attributes: gid1025b4,public X-Google-ArrivalTime: 1990-11-06 12:10:44 PST Path: arc1-ca.pugleaf.net!gmdzi!unido!mcsun!uunet!uas!jlr From: jlr@uas.UUCP (John Lynn Roseman) Newsgroups: gnu.misc.discuss Subject: Re: Enforcability of a License Message-ID: <105@uas.UUCP> Date: 6 Nov 90 20:10:44 GMT References: <9011060500.AA01783@wubios.wustl.edu> Distribution: gnu Organization: Urban Applied Science Lines: 22 Posted: Tue Nov 6 21:10:44 1990