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


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