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> In the US, at least for the frequently-used free software licenses, acceptance is by conduct. The license is irrevocable once even partial performance has occ
by xcdzvyn 3y ago
> In the US, at least for the frequently-used free software licenses, acceptance is by conduct. The license is irrevocable once even partial performance has occurred. Third-party rights depend on the wording. Orders for specific performance are rarely granted but are theoretically possible. You won't get legal costs awarded, and exclusion of liability is likely to be valid.
> In the UK, where many free-software licenses are probably just bare licenses, no acceptance is required for a defense against an infringement claim. The license is revocable by the licensor until the licensee has relied on it. No third-party rights exist. Orders for specific performance are not available. The award of legal costs is discretionary but may happen, and liability exclusion is generally enforceable.
> In the EU acceptance can be by any means, including conduct. The license is probably irrevocable. Third-party rights do exist, and specific performance is available. Nothing was said about legal costs, and liability exclusion is possible but is subject to the the requirements of proportionality and consumer protection.
I don't think it's unreasonable to boil this down to a "yes". Particularly given (1) LegalZoom is presumably American, where, in isolation, the answer is likely "yes"; (2) if licenses are considered contracts in any region in which you do business, you should probably consider them contracts, just to be safe.
- olddustytrail 3y agoWhere are you quoting from, because it's not that lwn article. Not least because that article is careful to specify "England and Wales" not the UK.
- xcdzvyn 3y agoDid you actually confirm what you wrote before writing it? Because every word of what I quoted is in that article.
- olddustytrail 3y agoYes, I did. None of it is. And your version doesn't make sense for the reason I just described. What exactly are you quoting?
- xcdzvyn 3y agoHa! Your first one was pretty good. You entertain me.
- pessimizer 3y agoI don't know how you got "yes" from a quote that didn't contain the word "contract."