Here we go.. I finally found the Groklaw link I was looking for, but
before posting it, here is an except from the article...
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Here is a definition of 'license' from Steven H. Gifis' "Law
Dictionary, 2d Edition:
"LICENSE: A right granted which gives one permission to do
something which he could not legally do absent such permission;
'leave to do a thing which the LICENSOR [the party granting the
license] could prevent.'"
A contract, on the other hand, is defined like this: [1]
"a promise, or set of promises, for breach of which the law gives
a remedy, or the performance of which the law in some way recognizes
as a duty. I Williston, Contracts Section 1. The essentials of a
valid contract are 'parties competent to contract, a proper subject-
matter, consideration, mutuality of agreement, and mutuality of
obligation.' 286 N.W. 844, 846: 'a transaction involving two or more
individuals whereby each becomes obligated to the other, with
reciprocal rights to demand performance of what is promised by each
respectively.' 282 P. 2d 1084, 1088. 'The total legal obligation
which results from the parties' agreement as affected by law.' U.C.C.
Section 1-201."
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For the full article go here -->
http://www.groklaw.net/article.php?story=20031214210634851
TANSTAAFL
Rasyr (Tim Dugger)
System Editor
Iron Crown Enterprises - http://www.ironcrown.com
E-Mail: [EMAIL PROTECTED]
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