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by pclmulqdq
1317 days ago
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As others have pointed out, a lot of common law jurisdictions require that contracts have consideration from both parties. This is the key issue with non-permissive open-source licensing (and it's an issue with the GPL/AGPL too). Restrictive covenants on open source licenses might not be consideration, particularly because they apply to the IP licensed in the contract - something that the user/downloader of the software wouldn't have without the contract. In other words, you are giving them rights to use your IP in a few specific ways in exchange for nothing. They need to give up something of value that they wouldn't have otherwise had for it to undeniably be consideration. |
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Again (https://news.ycombinator.com/item?id=33587891), this is a misconception. Unless there's something in the contract that is outright illegal, mutual consideration automatically binds parties into the contract, but the absence of it does not automatically voids the contract (see one-way NDAs between companies and promissory notes). Worse, you've confused consideration with a monetary value. Consideration don't need to be a monetary value: often, it's performance. This can get confusing because often contracts have a monetary consideration for a performance consideration (for example, paying for mowing the loan), but in this case it has been inverted: for not using it commercially (performance consideration) you can use the IP (monetary consideration).