Russ- Very interesting. And (though again, I'm more of a technical guy, not a legal guy) the implications seem to go deeper than this. Supposing a developer on my team, who has no authority to enter into contracts for my company, builds a portion of our product using a GPL'd product. Or, even further down the food chain, supposing I license a product from a 3rd party vendor, and a member of *that* company used a GPL'd product without company consent (and thus their product is not GPL'd).
Since my *company* has not consented on either occasion- does the license hold? Regards, James ps: I'm definitely playing devil's advocate here- not trying to figure out a way around the license. :) >-----Original Message----- >From: Russell Nelson [mailto:nelson@;crynwr.com] >Sent: Monday, October 28, 2002 9:43 AM >To: [EMAIL PROTECTED] >Subject: click-wrap is legally supportable? > > >I wonder if you are deemed to have accepted a click-wrap license >if software requiring a click-wrap appears on your machine? Have you >agreed to every license which was clicked past on your machine? What >if an employee with no authority to bind the company to a contract >clicked? What if someone who has no ability to enter into a contract >clicked (e.g. your kid)? What if a repairman clicked? Or the cable >guy clicked? In the various cases which are claimed as precedent, did >the judge get asked these hard questions? >-russ > >http://ask.slashdot.org/article.pl?sid=02/10/26/2311244&mode=thread >&tid=172&threshold=2 > >Posted by Cliff on Monday October 28, @08:33AM >from the fishy-practices dept. > >{e}N0S asks: "The cable guy came over to install a cable modem at my >Dad's house. As I watched him do his stuff I noticed he was installing >something called Broadjump Client Foundation. I know you don't need >software for a cable modem to work so I asked if it was necessary. He >said he had to do his list of things, and we had to sign that he did >his list of things, otherwise he couldn't leave it with us to >use. Since I can always remove the software, I agreed, but I noticed >while he was flipping through the install, he was clicking 'agree' on >every EULA that came up. Doing a search on Google for 'Broadjump >Client Foundation' comes up with some pretty scary stuff as far as >what it does, like: 'Builds a database of subscriber demographics and >buying behaviors to help evolve and refine marketing efforts.' Now, >how does this affect us? Neither myself or anyone in my family agreed >to the software; the cable guy did. And is there anyway to get cable >companies to stop doing this as I can imagine since the cable company >is a monopoly in this town, that the percentage of people who still >have this software on their computers is pretty high." > >-- >-russ nelson http://russnelson.com | >Crynwr sells support for free software | PGPok | businesses persuade >521 Pleasant Valley Rd. | +1 315 268 1925 voice | governments coerce >Potsdam, NY 13676-3213 | +1 315 268 9201 FAX | >-- >license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3 > -- license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3
