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Are Creative Commons Licenses Even Enforceable?
Renegade:
Even ordinary duress isn't sufficient to invalidate a contract since certain levels of normal duress (i.e. being required to sign a promissory note or put up escrow in order to avoid legal action for defaulting on a commercial transaction) are a regular part of normal business. In short, you don't have to like it - or even completely voluntarily sign a paper in order to enter into a valid contract. You just have to agree (even if not willingly) to the terms and do so in a legal manner. 'Undue duress' is another matter. But it has to be pretty egregious before a court will accept a claim of "undue duress" to invalidate a contract. Usually there has to be a provable threat of physical injury (i.e "Sign or we'll break your arms!") before that happens.
-40hz (August 24, 2013, 03:45 PM)
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This is a serious problem. If there were justice, the courts would likely crack down on duress/coercion. Here's a simple example:
http://www.newyorker.com/reporting/2013/08/12/130812fa_fact_stillman?currentPage=all
They could face felony charges for “money laundering” and “child endangerment,” in which case they would go to jail and their children would be handed over to foster care. Or they could sign over their cash to the city of Tenaha, and get back on the road. “No criminal charges shall be filed,” a waiver she drafted read, “and our children shall not be turned over to CPS,” or Child Protective Services.
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No physical injury is threatened there. Only kidnapping and forcible confinement.
A friend of mine from the former USSR was telling me once about how it was common in some places to get pulled over and be forced to sign over your car.
What is duress? When it is permissible to defend yourself against these kinds of things?
Keep in mind that one of the greatest weapons throughout history that has been used to murder countless millions is... wait for it... food & starvation. They are not an imminent threat by any means. By the same token, crucifixion doesn't kill you immediately - it takes a while.
What degree of duress is ok?
My guess is that duress/coercion is never ok. But, that's just me.
40hz:
^@Ren - give Irving Stone and Martin Scorsese a call.
Sell to the highest bidder. :P ;D
Renegade:
^ Stone is cold dead. :o
40hz:
^Don't let that stop you! ;D
Renegade:
^ He's more likely to be searching for *brains* than projects. :)
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