Questions on GPL for billwg 15404

I can't find *any* support for the idea that a contract, voluntarily entered, is invalid simply because it's 'unfair'. I *can* find support for the notion of 'insufficient consideration', but that doesn't mean what you seem to think it means - it means, essentially, the same as 'no consideration'. Here's what consbreastutes 'insufficient consideration':

contractformation.cfm

"- Illegal consideration: Consideration that is void for illegality or any other reason. - Past consideration: Acts or forbearances previously performed cannot be consideration for a new promise. - Existing legal duty: A promise to perform an existing legal duty. - Legally-required duty: A promise to perform a legally required duty, where the duty is imposed by a law of crimes or torts: - A compromise of an invalid claim: If a claim is wholly invalid, neither forbearance to sue nor a compromise can be valid consideration. - A moral obligation: Performance of a moral obligation may not be adequate consideration."

I fail to see how *any* of these would invalidate the consideration offered by the GPL (use of the code, and the shield from copyright infringement claims).

There are also "Unconscionable Contracts". Again, I don't see any way to justify such a defense against the GPL. That's, basically, an example of an "unconscionable contract" - with terms that are "unreasonably, unacceptably, or unfairly harsh, and so one-sided as to shock the conscience."

So far, when the GPL has come up in court, it has not been found to be such. No one's even come close to trying that argument. Feel free to try that argument sometime, I'd like to see it. Here's a case where it might even have been considered:

It was settled before it got past discovery, but the SAE caved before it got to trial. Pretty well par for the course with the GPL.

I would be very impressed if you can find *one* lawyer who would argue that that does not consbreastute a derived work.

Umm, isn't that the case I just discussed above?

-- Sincerely,

Ray Ingles (313) 227-2317

"...brute-force attacks against 256-bit keys will be infeasable until computers are built from something other than matter and occupy something other than space." - Bruce Schnier