[jrochkind1]

> you can't claim both copyright and a contract on something,

That makes no sense to me. Licensing copyrighted work is pretty standard, and it must be in France too? The GPL is a license, which is indeed a contract. But surely people license (enter into a contract between copyright holder and user which grants certain allowed uses) copyrighted work in France routinely?

[londons_explore]

I think the distinction is that if the parties involved don't have a contract between them, copyright law applies.

But if there is a contract in place, then copyright law no longer applies, and you instead have to resolve any disputes as if they were violations of a contract.

The difficulty being that the GPL allows anyone to enter into a contract without even consent of the other party, and the contract law courts may not see that as a valid contract.

[dragonwriter]

> The difficulty being that the GPL allows anyone to enter into a contract without even consent of the other party

No, it doesn't. Voluntarily, publicly offering the GPL as license terms is consenting to others accepting that offer.