Re: Licensing question about the BSD

[David Kastrup]

Alexander Terekhov <terekhov@web.de> writes:

> Isaac wrote:
> [...]
>> ><URL:http://www.netfilter.org/news/2004-04-15-sitecom-gpl.html>
>> ><URL:http://gpl-violations.org/news/20050414-fortinet-injunction.html>
>
> I hear that (plonked) GNUtian dak seems to be unaware the District Court 
> of Munich I judged that the GPL is a contract governed by the Sect. 158 
> of the German Civil Act (BGB) http://dejure.org/gesetze/BGB/158.html.

§158 covers "Rechtsgeschäfte" in general, of which contracts
("Verträge") are only one special case.  A licence by GPL is an
"einseitiges Rechtsgeschäft" (something like "unilateral legal
transaction"), not a contract.  As such it is covered by the laws
concerning "Willenserklärungen", not "Verträge".

If you bothered actually reading the laws in context, this should not
have escaped you.

-- 
David Kastrup, Kriemhildstr. 15, 44793 Bochum