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Article #75119

Re: Enforcability of a License

#75119
From: John Lynn Roseman
Date: Tue, 06 Nov 1990 20:10
22 lines
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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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Path: arc1-ca.pugleaf.net!gmdzi!unido!mcsun!uunet!uas!jlr
References: <9011060500.AA01783@wubios.wustl.edu>

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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