Development of Creative Commons licenses

[Peter Brink <peter.brink AT brinkdata.se>]

Branko Collin skrev:
> On 24 Mar 2005, at 23:47, Peter Brink wrote:
>
>
> > All open source licenses contain an offer, 
> > which is granted provided that the user agrees to the terms of the
> > contract.
>
>
> This is not true. You do not need to agree to the terms of the 
> license.

??? If that is the case how to you propose that the licenses work?

How does the licensee become bound by the terms of the license? You do 
agree that the license has terms, don't you?

All open source licenses are contracts (where you and I live). As all 
other contracts they have an offer and there is a grant or benefit. 
Since open source/content license are adeshion contracts there must 
exist an explicit act which works as a replacement for an oral or 
written acceptance of the terms of the contract. In this case that act 
is when a user makes use of the offer in the license to do something he 
could not do without the license, such as publishing a derivative work 
without asking for permission. At that point license binds the licensee 
to the terms of the license.

/Peter Brink