Quote:
Originally Posted by Jaime_Astorga
Contracts are only binding on those who sign them. Without copyright, a company can make whatever deal with an author it likes, but it will still be unable to prevent other people and companies from copying and distributing the author's works and making derivative works based upon it. At worst, the contract would prevent the author from writing anything else.
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Contract law covers more than just a written contract, but written contracts are usually easier to defend in court (verbal contracts are handled all the time in small claims courts). If the means of accepting the contract are clear and unmistakable (i.e. "Click no to accept these terms" would probably get some scrutiny), and the terms don't require either party to do anything illegal, then there is weight behind it.
The GPL requires this weight of contract law, mixed with the protections of copyright law to work.