Quoting Don Armstrong ([EMAIL PROTECTED]):

> Licenses are primarily founded upon Contract Law, not Copyright Law.

You are mistaken.  You may wish to read GPLv2.

Please also consider the matter of privity of contract.

> In order for (2) to be legally indeterminate, there needs to be
> applicable statutory or case law limiting the rights which a copyright
> holder can give away.

This assertion is non-sequitur.  Your reasoning has gone transrational.

Reasons why it is indeterminate have been already stated.

-- 
Cheers,                    Remember:  The day after tomorrow is the third day
Rick Moen                  of the rest of your life.
[EMAIL PROTECTED]

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