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by piker 85 days ago
That's really interesting. I'm a lawyer, and I had always interpreted the license like a ToS between the developers. That (in my mind) meant that the license could impose arbitrary limitations above the default common law and statutory rules and that once you touched the code you were pregnant with those limitations, but this does make sense. TIL. So, thanks.
2 comments
graemep 85 days ago
Does the reasoning in the cases where people to whom GPL software was distributed could sue the distributor for source code, rather than relying on the copyright holder suing for breach of copyright strengthen the argument that arbitrary limitations are enforceable?
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ronsor 85 days ago
Licenses != contracts, and well, the FSF's position has always been that the GPL isn't a contract, and contracts are what allow you to impose arbitrary limitations. Most EULAs are actually contracts.
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piker 83 days ago
Yes... a license can be granted via contract. I think the question here is whether posting a LICENSE.md file in a public github repo forms a contract (offer, acceptance, consideration) when a developer uses it. If so, I'm back to being unclear how "public domain" can really play a role. The developer is bound by the terms of that contract.
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pabs3 83 days ago
The SFC thinks the GPL is both a license and a contract, see this lawsuit:

https://sfconservancy.org/copyleft-compliance/vizio.html

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