Development of Creative Commons licenses

["Branko Collin" <collin AT xs4all.nl>]

On 28 Mar 2005, at 14:34, Peter Brink wrote:
> 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? 

Not.

> You do agree that the license has terms, don't you?

Yes. 

A license may become void if the terms are not met, but I doubt the 
reader will still have to fulfill those terms once the license has 
become void. 

> 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.

I have yet to read the links you sent me, so I cannot comment on 
this. Also, IANAL.

-- 
branko collin
collin AT xs4all.nl