"none" <[EMAIL PROTECTED]> writes: > I am not sure why the BSD advertising clause is unenforceable in the U.S. To > me it is a contract clause in the BSD like all other clauses > therein.
It's obviously not a contract, for the usual reasons. It's a public license, not a contract. > If the BSD license is enforceable then all of its clauses are > enforceable (subject to unconscionability or against public > policy). If it were otherwise, then the limitation of liability (for > the benefit of the developer) is also ineffective. Apparently there are first amendment reasons why that particular clause in the license is not generally thought to be enforceable in the US, though I don't know the details of the argument. The point is moot, however, because it is universally agreed to be enforceable in the UK, and that's enough to render it incompatible with the GPL. Thomas
