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Re: the GPL is a license not a contract ..


From: Alan Mackenzie
Subject: Re: the GPL is a license not a contract ..
Date: Wed, 11 Mar 2009 19:16:43 +0000 (UTC)
User-agent: tin/1.6.2-20030910 ("Pabbay") (UNIX) (FreeBSD/4.11-RELEASE (i386))

In gnu.misc.discuss Alexander Terekhov <address@hidden> wrote:

> Alan Mackenzie wrote:
> [...]
 
>> > if he wants to use invalid contractual terms, he bears the risk of
>> > their use. It would violate equity and good faith if he were allowed
>> > to sue others merely on the grounds that his license terms were
>> > invalid."

>> Maybe it would.  But that's somewhat hypothetical, too.  The GPL is
>> valid in Germany, and this has been confirmed by a judge.

> Alan, the author of "The first-ever ruling on the legal validity of the
> GPL - A Critique of the Case" (PDF above) is also a judge. An appellate
> judge.

Oh is that right?  That explains why he puts his stuff out on an Oxford
(England) University web site, does it?

> http://www.oii.ox.ac.uk/events/details.cfm?id=228

[ Snip highly relevant citation of the said judge expressing his views
  on collections of horse racing results.]

> regards,
> alexander.

-- 
Alan Mackenzie (Nuremberg, Germany).



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