On Fri, Mar 31, 2023 at 8:38 AM <petr.kad...@gmail.com> wrote:

> Downloading computer programs and electronic databases (and downloading for 
> purposes outside
> the listed exception) requires an express consent of the copyright holder, 
> i.e. a license.
> In other words, you _cannot_ download a GPL program without agreeing to the 

The act of downloading a copyrighted work is, of course, covered by
copyright. But it does not follow that by downloading a work, you
agree to whatever terms the person offering it imagines you agreed to.

If you want them to agree to those terms, you have to obtain that
agreement. Otherwise, if you publish your work freely (i.e. with
obvious intent to publish, not in some hidden directory on your
webserver), the permission to download the work is implied by you
publishing it. Or to put it another way, you can't publish and
advertise a website and then make a credible demand for 500 dollars
from anyone who clicks the link. Want 500 dollars? Ask for it on a
clickthrough form that makes it obvious what the buyer pays for. Want
people to agree to your ethical AI use restrictions? Ask for it before
you give them your model weights.

Website terms of use are a gray area, but their enforceability is
limited (beyond defending your right to refuse service by blocking a
person from visiting your site) if you've not made their acceptance
sufficiently explicit.

IANAL, so ask a lawyer if you don't believe me. :)

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