License or Contract?
Wouter Vanden hove
wouter.vanden.hove at pandora.be
Mon Jun 21 22:26:15 EDT 2004
Eben Moglen always clearly described the GNU GPL as a license, not a
"The GPL, however, is a true copyright license: a unilateral permission,
in which no obligations are reciprocally required by the licensor."
I always thought the same of the Creative Commons Licenses.
However in the recently launched Dutch Version
of the CC Licenses, the licenses are described as contracts:
"The mere exercise of rights to the work does not suffice under Dutch
law to conclude a contract.
The additional provision `provided that the (content of the) Licence has
been made sufficiently clear
to the recipient beforehand' is required under Dutch law for the legal
validity of the conclusion of a contract.
When I buy a book in holland, I don't have to read/sign the "All right
reserved"-clause anymore than in any other country.
Sure there may be differences in contract law between the US and
Holland, but if the CC-licenses are not a contracts, why would this matter?
What are the opinions on "License versus Contract" in the other European
Wouter Vanden Hove
More information about the cc-licenses