Thanks, Alan. So it seems you, Jonathan, and Frank all agree that this is a contractual matter and not a matter of law.
Once we are clear that this is a contractual matter, then yes, I've been given a similar impression about the unenforceability of adhesion provisions in contracts. Best, Elchanan -----Original Message----- From: Alan Boba [mailto:[EMAIL PROTECTED] Sent: Thursday, November 22, 2007 7:37 PM To: users@openoffice.org Subject: Re: [users] Source code offer and distribution requirements On Nov 22, 2007 10:21 PM, TechAdmin @ VibrantLivingMinistries < [EMAIL PROTECTED]> wrote: > Hi Alan, Frank, and all, > > I'm feeling a bit confused right now after reading the rereading this. I > wonder whether we could separate the content from the rest for a moment, > if > you (plural) are willing? So I'll ask my questions: > > First, Frank, are you speaking primarily of OO, or of some superset of > which > OO is a part? Do you mean to say that this requirement to offer source > code > to those to whom one provides installable code, and to provide source code > if that offer is accepted, is a matter of law? Of contract? (Such as the > license.) I'm very interested in "doing the right thing", and if you are > willing to elaborate a bit, I'd feel great gratitude. > > And Alan, when you say that this applies to all software, do you mean all > open source software, or all software in a particular jurisdiction or from > a > particular source, or all software in existence? Similarly, do you mean to > say this in the context of a requirement at law, or in the context of > contracting/licensing?? Again, I'd feel very grateful if you would be > willing to elaborate a bit. > > I'm not a lawyer and have no training in the law. My understanding is based on reading of IT trade magazines. When I say all software I do mean all software regardless of license type. As has been pointed out by jonathan, I believe correctly, software installed on a computer may include restrictions regarding its use including what other software it may be used with. However it is also my understanding, again based on reading of IT trade magazines, that many of the licenses that users agree to when they install software ("click through" licenses which generally aren't read) are referred to as "licenses of adhesion." Certain provisions of these licenses, e.g., can't use X software with Y software, have been described as generally unenforceable because they provide no real opportunity for the licensee to seek relief from the license provisions. As for juristiction I would suppose any decision made in a court is going to reflect the juristiction the court is in and so the findings in two cases with the same facts could be different depending on the rules of the juristiction the case is held in. --------------------------------------------------------------------- To unsubscribe, e-mail: [EMAIL PROTECTED] For additional commands, e-mail: [EMAIL PROTECTED]
