Alexander Terekhov <terek...@web.de> writes: > David Kastrup wrote: > [...] >> A promise to licensees availing themselves of the license. Without any > > Uh retard dak. > > http://www.gnu.org/licenses/gpl.html > > "by [blah-blah], you indicate your acceptance of this License" > > http://en.wikipedia.org/wiki/Offer_and_acceptance#Communication_of_acceptance > > "It may be implied from the construction of the contract that the > offeror has dispensed with the requirement of communication of > acceptance ... acceptance may be inferred from conduct"
Yeah, you got it. If the conduct does not show an attempt to honor any of the licensing conditions, non-acceptance has to be assumed. If, in contrast, we have an incomplete attempt of compliance (often characterizable as "dragging their feet"), we are talking about non-compliance instead. Which of the two is in question might just be resolved in discovery. In the common case of a settlement and coming into compliance and absent of additional interests/penalties, the resolution may never be done. In a typical case, both complaint and defense will list arguments for both of these possibilities. -- David Kastrup _______________________________________________ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss
