[opensource-dev] TPV Policy makes Secondlife *content* incompatible with CC-SA licenses

Jason Giglio gigstaggart at gmail.com
Wed Feb 24 19:27:58 PST 2010


Darmath wrote:
>lots of stuff

Well, here's some papers about it:

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1029366
https://litigation-essentials.lexisnexis.com/webcd/app?action=DocumentDisplay&crawlid=1&doctype=cite&docid=30+U.+La+Verne+L.+Rev.+296&srctype=smi&srcid=3B15&key=bb13d4040c3db45188ff18b96fe84132

The nutshell: Licensing is a unilateral act, unlike contracts.  You are
bound by a license only if you want to carry out the act that would be
otherwise forbidden (in this case by copyright law).  For this reason,
CC-SA and GPL can't dictate or control usage of a program that doesn't
involve copying or modification, since usage is outside of copyright
law.  There needs to be no meeting of the minds nor exchange of
consideration.  Remedies are also different as I mentioned.

We should probably take this off list for further discussion.


More information about the opensource-dev mailing list