"Defendant contends that Plaintiff’s reliance on the unsigned GNU GPL fails to plausibly demonstrate mutual assent, that is, the existence of a contract. Not so. The GNU GPL, which is attached to the complaint, provides that the Ghostscript user agrees to its terms if the user does not obtain a commercial license. Plaintiff alleges that Defendant used Ghostscript, did not obtain a commercial license, and represented publicly that its use of Ghostscript was licensed under the GNL GPU. These allegations sufficiently plead the existence of a contract.”

Un commento qua

http://www.technollama.co.uk/us-court-declares-gpl-is-a-contract



--
Guido

Dr Guido Noto La Diega
Lecturer in Law @ Northumbria University
CEO @italiot | Fellow @ Nexa Center for Internet & Society | Founder @DPA2018

Northumbria Law School
City Campus East,
Newcastle upon Tyne NE1 8ST

noto.la.diega@gmail.com

+44(0)191 349 5562  

Twitter @guidonld

You can access my papers on Academia.edu and on the Social Science Research Network (SSRN)

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