Arnoud Engelfriet wrote: > Brian Thomas Sniffen wrote: <snip> >> * A consideration: if the license document specifies consideration to >> the licensor, the license can't be free. > > I think this is the crux of the matter. But -just thinking > aloud here- what if the consideration is "you promise to > distribute your derivative works only under these same terms"? > Something like that anyway. It certainly would be a valuable > return to the licensor.
Ah, but is it really consideration? Without the license grant, the derivative works cannot legally be created or distributed at all. This is merely a restriction on how they can be distributed; as such, it is a limited grant of permission, not an exchange. For a similar example, suppose I made the following offer: "You may withdraw and spend money from my bank account, as long as you spend 10% of the money you take out on chocolate." Without the agreement, you can't spend *any* money from my bank account. With the agreement, you can, although you have to spend some of it in a particular way. -- There are none so blind as those who will not see.
