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Re: Bye - Bye , open source derivative works litigation
From: |
Hyman Rosen |
Subject: |
Re: Bye - Bye , open source derivative works litigation |
Date: |
Thu, 11 Feb 2010 12:26:03 -0500 |
User-agent: |
Mozilla/5.0 (Windows; U; Windows NT 5.1; en-US; rv:1.9.1.5) Gecko/20091204 Thunderbird/3.0 |
On 2/11/2010 11:26 AM, RJack wrote:
2) "A Gentlemen's Agreement: Assessing the GNU General Public License
and its Adaptation to Linux". Chicago-Kent Journal of Intellectual
Property, Vol. 6, p. 213, 2007.
<http://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID987294_code410303.pdf?abstractid=951842&mirid=1>
Existing case law surrounding shrinkwrap and browsewrap
licenses that use a notice-plus-conduct model suggests
that courts would find that the GPL creates an enforceable
contract, if a party challenged this point directly.
...
However, as long as the requirement of the GPL is clear to
both licensor and licensee before contract formation, then
the notice-plus-conduct model contemplated by the GPL
operates successfully despite the lack of formal notice in
practice. Courts will likely hold Linux developers to the
same standard as parties who receive printed forms and
choose not to read them.
...
Regardless of the interpretation of the GPL as a license or
as a contract, the text of the GPL helps to determine its
enforceability.
Thanks for the reference. The paper has a lot of analysis of
GPL-related stuff, such as license vs. contract and the status
of Linux kernel modules, but doesn't say anything terribly
profound. As in the other paper, the author states his wish for
the FSF and Linux to embrace non-free software, to which I'm
sure the response will be "no, thanks". Otherwise, it's actually
quite supportive of the GPL.
- Re: Bye - Bye , open source derivative works litigation, (continued)
- Re: Bye - Bye , open source derivative works litigation, chrisv, 2010/02/11
- Re: Bye - Bye , open source derivative works litigation, David Kastrup, 2010/02/12
- Re: Bye - Bye , open source derivative works litigation, RJack, 2010/02/10
- Re: Bye - Bye , open source derivative works litigation, Hyman Rosen, 2010/02/11
- Re: Bye - Bye , open source derivative works litigation, RJack, 2010/02/11
- Re: Bye - Bye , open source derivative works litigation, Hyman Rosen, 2010/02/11
- Re: Bye - Bye , open source derivative works litigation, Hyman Rosen, 2010/02/11
- Re: Bye - Bye , open source derivative works litigation, Hyman Rosen, 2010/02/11
- Re: Bye - Bye , open source derivative works litigation, RJack, 2010/02/11
- Re: Bye - Bye , open source derivative works litigation, Hyman Rosen, 2010/02/11
- Re: Bye - Bye , open source derivative works litigation,
Hyman Rosen <=
- Re: Bye - Bye , open source derivative works litigation, David Kastrup, 2010/02/11
- Re: Bye - Bye , open source derivative works litigation, RJack, 2010/02/11