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Re: Tom Tom and Microsofts Linux patent lock-down ..


From: Rahul Dhesi
Subject: Re: Tom Tom and Microsofts Linux patent lock-down ..
Date: Fri, 20 Mar 2009 14:20:41 +0000 (UTC)
User-agent: nn/6.7.0

Rjack <address@hidden> writes:

>If you think that a public contract of adhesion such as the GPL is
>going to establish a new rule controlling the *distribution* of
>derivative works then you are clearly mistaken:

The GPL is just a bunch of words. A bunch of words is not by itself a
contract.

That you would ignore the simple fact that no contract forms until
somebody reasonably interprets the GPL as an offer, and then properly
accepts this offer, indicates your very shallow understanding of how
contract law works.

Before you can analyze the GPL as a contract, you must find specific
facts where a contract actually formed.

I think you went astray when you first encountered some cases where a
court used contract law to determine a remedy for breach of a license.
You saw the word contract and assumed that, just because the remedy in
the cases that you cited was based on contract law, a contract must have
actually formed.
-- 
Rahul
http://rahul.rahul.net/


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