Rahul Dhesi wrote:
Rjack <[email protected]> writes:
Next thing you know you'll be calling a copyright license a contract:
I'm staying out of this license/contract debate, but since you are not,
how do you justify calling it a contract in the specific case that the
person downloading GPL software hasn't agreed to the license terms?
=======================================================================
RESTATEMENT (SECOND) OF CONTRACTS
ARTICLE 50
Acceptance of Offer Defined; Acceptance by Performance; Acceptance
by Promise:
(1) Acceptance of an offer is a manifestation of assent to the terms
thereof made by the offeree in a manner invited or required by the
offer.
(2) Acceptance by performance requires that at least part of what
the offer requests be performed or tendered and includes acceptance
by a performance which operates as a return promise.
(3) Acceptance by a promise requires that the offeree complete every
act essential to the making of the promise.
========================================================================
"Downloading" constitutes "a manifestation of assent".
Sincerely,
Rjack
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