> From: Noah Levitt [mailto:nlevitt@;computer.crynwr.com] On > In your opinion, would the act of distributing a piece of > (say) GPL software or a derivative of it be sufficient to > indicate assent, assuming that the distributor in question > obtained the software by downloading a source tarball via > ftp, without click-wrap, and that the tarball had a file > called COPYING with the full text of the GPL?
The GPL folks think it is sufficient. I don't agree, but I'm not a judge nor am I your lawyer. :-) If the distributor was a large company with a fleet of lawyers, however, a court might determine that they must have known that they were using licensed code when they created their distribution. Please note that the Open Software License provides a warranty from the Licensor that he is only distributing code for which he has a license or owns the copyright. I at least allow a breach of warranty suit if the distributor plays that game. /Larry Rosen -- license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3
