Archive of UserLand's first discussion group, started October 5, 1998.
"Meta-contracts" invalid
Author: Brett Glass Posted: 8/25/2000; 1:16:08 PM Topic: A softer GPL? Msg #: 20250 (In response to 20246) Prev/Next: 20249 / 20251
Fortunately, the GPL -- and other licenses which attempt to compel you to license your own work in a particular way -- are probably not legally enforceable. Why? Because any license that requires you to do this constitutes a contract to make another contract. As a matter of fact, it is a contract to make a potentially infinite number of other contracts. In most countries of the world, "meta-contracts" are invalid. And in jurisdictions where they are allowed, they are only valid if they state very specifically what contract is to be made, and with whom. Since the "meta-contract" requires you to make an unspecified (and potentially unlimited) number of contracts with a potentially infinite number of unidentified parties, it is not valid in any jurisdiction.This renders both the GPL and the "wacky" license you propose above unenforceable as well as unethical.
--Brett Glass
There are responses to this message:
- Okay, then why not go ahead and use GPLed code?, David Adams, 8/25/2000; 1:28:57 PM
- Re: GPL isn't a "Meta-contract", William Crim, 8/25/2000; 7:00:05 PM
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