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No. Even in that case, the GPL wasn’t considered a contract. There was an open offer to anyone, essentially, “If you’d like to use this software, either buy a c
by bdowling 8y ago
No. Even in that case, the GPL wasn’t considered a contract. There was an open offer to anyone, essentially, “If you’d like to use this software, either buy a commercial license or abide by the terms of the GPL.” The defendant accepted the offer by using the software and proclaiming that it would meet the terms of the GPL. That offer and acceptance created a contract. So, the GPL wasn’t the contract itself, but provided the terms for the offeree’s performance.
- bdowling 8y agoTo be a bit more accurate, the judge’s decision was only on a motion to dismiss. So, he didn’t actually decide that there was a contract, he decided that if you assume that plaintiff’s assertions are true, then there could have been a contract. That allows the case to continue.
- slavik81 8y agoThe other linked case, MedioStream v. Microsoft, doesn't seem to be based on any other offer. It's also a denial of a motion to dismiss, though.