Subject: Re: bare license
From: "Rod Dixon, J.D., LL.M." <>
Date: Fri, 16 Jan 2004 22:57:55 -0500

Yes, the issues are exactly as you quite effectively summarize. In my post,
I was not expressing my opinion on the merits of the contract/license
debate; rather, I was noting the primary issues usually involved in that


----- Original Message ----- 
From: "daniel wallace" <>
To: <>
Sent: Friday, January 16, 2004 11:17 AM
Subject: Re: bare license

: If any of the "rules and formalities" of contracts you mention
: are required to be enforced under state law, that involves an "element"
: of state action. The GPL purports to overcome privity questions about
: third party distribution ad infinitum. This appears to create a new
: "right against the world" that is referred to in Procd v. Zeidenburg
: by the 7th Circuit. This seems to imply the GPL would be preempted
: by sec. 301 if any attempt is made to enforce the GPL under state action.
: --
: license-discuss archive is at

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