Again, I must profess my limit knowledge here... but by including a choice of law and choice of venue clause I begin to wonder if this licenses starts to look and smell an awful lot like a contract. While I generally agree with your statement, it seems awful fishy in this instance. The author is saying "you can use my software but you must agree to these terms" and the user is saying "I agree." Basic offer and acceptance... and while I know that things are different with licenses, I wonder how far you can push the terms before you engage in contract like behavior.
-Sean On Sunday 25 April 2004 02:09 pm, Brian Thomas Sniffen wrote: > Sean Kellogg <[EMAIL PROTECTED]> writes: > > This is just my two cents from a guy who reads debian-legal has never > > commented before. If anyone knows some good case law that contradicts > > what I've said, I'd be really interested to see it. > > But free licenses are not contracts: they are deeds, licenses, grants, > but not contracts. So the protections which might apply if I were > agreeing to a contract don't apply: the drafter is solely granting me > permission, and I'm not paying anything at all for it, so I have very > few rights beyond what he grants. > > -Brian > > -- > Brian Sniffen [EMAIL PROTECTED] -- Sean Kellogg 1st Year - UW Law School c: 206.498.8207 e: [EMAIL PROTECTED] w: http://students.washington.edu/skellogg/ <-- UPDATED "When the only tool you have is a hammer, you tend to treat everything as if it were a nail." -- Abraham Maslow
