3 ms·
Hey, gavinhoward. Good to see your nick again. If I were going to summarize my mental model overall, I would say that terms like GPL pasted into license notice
by kemitchell 3y ago
Hey, gavinhoward. Good to see your nick again.
If I were going to summarize my mental model overall, I would say that terms like GPL pasted into license notices for published source code memorialize the terms of contracts that grant licenses. In the jargon, the deals between developers, users, and distributors are "license agreements".
The argument against revocation at will is either reliance or consideration---contract doctrines. If there's ambiguity or vagueness in the terms, it will be argued under rules of construction---again contract doctrines---not statutory interpretation or some copyright-specific scheme. Claims for exceeding the license or breaking rules in the terms will be infringement when preempted and breach otherwise, with a lot of work still to be done sharpening lines like the "extra element test" and "substantial use restrictions". The defense to plead against an infringement claim is license---a property concept.
The fundamental error of "license, not contract" is really the underlying idea that they're mutually exclusive. They're really integral and complementary. Between private parties, contracts are the means by which licenses are given and received.
When writing specifically about the GPLs, the claims are usually about the source code requirement. I can slip into just saying "contract" because that's where I see those claims heading.
- gavinhoward 3y agoUnderstood, thank you. Sorry for missing some of those details in your post. I'm going to ensure my licenses make it clear that they are contracts, including with anyone the software is distributed to.
- kemitchell 3y agoYou might find the "Acceptance" section of the Blue Oak Model License handy: https://blueoakcouncil.org/license/1.0.0#acceptance https://blueoakcouncil.org/license/1.0.0#acceptance We've published a very liberal license for use of the Blue Oak license text, as well: https://blueoakcouncil.org/license/1.0.0#permission https://blueoakcouncil.org/license/1.0.0#permission
- gavinhoward 3y agoAs it turns out, my licenses are based on the Blue Oak License. (That's why I originally asked you to be the lawyer to look over them!) Are you saying the "Acceptance" section is what turns it into a contract? I'll ask my lawyer about this, but as a lawyer who is NOT my lawyer, do you think that preemption would still be a problem if the SFC was suing under the Blue Oak License? By the way, thank you for the liberal license; that was one big reason I started with Blue Oak.