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Getting Rid of EULAs While Keeping the GPL | 26 comments (26 topical) | Post A Comment
How can a license BE a contract?[ Reply to This ] (none / 0) (#16)
by Anonymous User on Wed Apr 13, 2005 at 08:17:06 AM PDT

This discussion is probably pretty much played out, but I'd sure be interested to know a couple legalistic type things about this whole license/contract issue if anyone knows the answer and is willing to respond. First, how can a license be a contract (as was stated above)??? A contract requires acknowledgement of terms and agreement to them, does it not? The mere existence of a license or contract does not imply either acknowledgement or agreement. It is perfectly possible to acquire intellectual property without awareness of any terms of limitations or usage. I can see that a reasonable remedy AFTER the fact of improper usage would be to halt such usage and require the surrender of any profits made from such usage, but in the absence of knowledge of the terms of a license, how can any CONTRACTUAL penalties be applied. Isn't a LICENSE nothing more than the terms that comprise a POTENTIAL contract? How can any actual contract exist without acknowledgement AND agreement?

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Contracts and licenses[ Parent | Reply to This ] (none / 0) (#17)
by Anonymous User on Wed Apr 13, 2005 at 08:58:17 AM PDT

Like everyone here, I am not a lawyer, but, years ago in my contract law class, I remember a phrase: "a meeting of the minds". In order for a contract to exist, there must be a meeting of the minds between the parties. This means that all parties must understand the contract and agree to its terms. The part that most people have trouble with is the "understanding". We don't allow minors to enter into contracts because it's likely they don't understand the rights and obligations in the contract. In business, contracts are entered into only after the parties have consulted lawyers and understand the language. Consumers can't be expected to consult lawyers to understand the terms of EULA's every time they buy software. There can't be a "meeting of the minds"; therefore, there can't be a contract. Just my binary 10 cents' worth.

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Getting Rid of EULAs While Keeping the GPL | 26 comments (26 topical) | Post A Comment
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