open source license with 24 month proprietary clause

[Gary W. Swearingen]

Terry Lambert <tlambert2 at mindspring.com> writes:

> Actually, without an exchange of consideration, the license you
> are using is not a contract anyway, so it is always revokable,
> unless someone pays you money for a source tape or something.

I got this off some lawyer's web site: 

    More and more states are changing their laws to eliminate
    consideration as a prerequisite to a valid contract thus
    contributing to the uniformity of law.

And I've read that the revocation is dependent upon the licensor first
restoring the licensee to his state before having accepted the license,
though I'm sure that that is a very fuzzy and debatable issue.  As
examples, you have an implied license to walk across my property, but I
can withdraw that license at any time, but if I've *given* you license
to build and operate a store on my property, I can't withdraw that
license without first buying the store for a reasonable price.  With
software, it would probably be a mistake to try revoking a license
after the software has been incorporated in a derivative.

Someone has said that the licensee's agreement not to sue the licensor
(a part of all known software licenses) is a significant consideration,
but a convincing argument for that was not supplied.