On Saturday 09 July 2005 01:38 am, Glenn Maynard wrote: > On Sat, Jul 09, 2005 at 01:50:27PM +0530, Mahesh T. Pai wrote: > > AFAIK, RMS & FSF are of view that software under the GPL does not > > require an `I agree' button. Do not have a link ready on hand right > > now. > > That's what he means by "agreed to by conduct"; for example, if > the only means you have to redistribute a work is a contract, and > you redistribute it, your conduct is (may be, IANAL) indicating > agreement to the contract (even though you didn't sign anything or > click any buttons). > > (It's not clear whether that applies here, since you don't need any > special license to simply use software, so using the software doesn't > seem to indicate agreement to anything; this is the point of Sean's > argument I'm trying to understand.)
Well, like I said... I can't fault your logic. The GPL's use provisions, or more accurately its express disclaimer there of, do not require consent. BUT, everyone has to consent to the GPL when you download a copy of it. By that conduct they are agreeing to the GPL and right along with it, they agree to the warranty disclaimer provisions. I suppose you could say that someone who didn't install it, but came upon the software already installed, is not bound by those agreements... but certainly the first person who apt-get install PACKAGE has consented to the GPL in an agreement like fasion. > I think there's wide agreement here that forced click-wrap licenses > are non-free, and very impractical. I've seen installers in Windows > requiring an explicit agreement for the GPL; that's just confusion, > or maybe people dropping the GPL into a default "paste your license > here" installer template ... While VERY off point, how is a click-wrap license non-free? Requiring someone to agree to a license before they use the software doesn't seem to go against any of DFSGs. Obviously what you say IN the license makes a whole heep of difference... but I think that's a far cry from saying mandatory agreement is non-free. -Sean -- Sean Kellogg 3rd Year - University of Washington School of Law Graduate & Professional Student Senate Treasurer UW Service & Activities Committee Interim Chair w: http://probonogeek.blogspot.com So, let go ...Jump in ...Oh well, what you waiting for? ...it's all right ...'Cause there's beauty in the breakdown
