I love how he explains that “consideration” was conjured from thin air.
I own a car. I want to drive my own car on weekdays. To accomplish this, I give my car to Jimmy, and he promises to let me use it on weekdays?
Using the same analogy as in that post, apparently this is a valid contract with “consideration” because I gave Jimmy my car and, “in return,” he gave me my car back Monday–Friday.
I’m no lawyer, but I can’t imagine that it is illegal to donate a noncommercial license to a nonprofit organization, without contracts and considerations coming into play. But if I’m wrong, and “consideration” is a required element of a transaction like this, I don’t think this wash-sale version of it would pass muster anyway.