Re: UnrealIRCd License (Click-Through issue)
Hi, Edmund!
* Edmund GRIMLEY EVANS <edmundo@rano.org> [2003-09-01 17:03]:
> Of course. You have the right to sue anyone for anything at any time!
Oh well, I think you know what I meant. :)
> However, in their defence the FSF will probably use the following
> elements of the GPL as evidence that they were not negligent:
>
> 1. You may copy and distribute verbatim copies of the Program's
> source code as you receive it, in any medium, provided that you
> conspicuously and appropriately publish on each copy an appropriate
> copyright notice and disclaimer of warranty
>
> 11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY
> FOR THE PROGRAM, ...
However I decided not to accept the license and may not even have read
it.
> If someone tries to sue you for distributing FSF software, you can
> point at the same parts of the GPL and also at the warning on your web
> site, if you have one.
The whole point of my hypothetical example is that I don't accept the
license and use the software nevertheless.
How could the GPL then be of any help?
> I suspect that in general it isn't particularly helpful to make people
> "agree" to the GPL before downloading GPL software. Since the GPL
> isn't a contract it's not clear what you expect people to agree to,
> and since the GPL allows people to redistribute the software the
> person who sues you might not have downloaded the software themselves.
> Even if they did download it themselves, unless you get a signature
> from them they can always claim to have received it second-hand. If an
> aeroplace manufacturer deliberately missed out half the screws in
> order to save money and as a result the wings fell off, would you
> expect them to be any less liable for negligence just because you
> bought the aeroplace second-hand?
But what does that mean for the case we're discussing?
Is what you're saying esantially:
1) Click-Through or just GPL doesn't make a difference.
2) The GPL no-warranty statement is useless because one does not have to
agree to the license.
?
2) would seem strange to me because the same would be true about
M$-EULAs and certainly someone would have sued...
So the question basically remains: How can the UnrealIRCd team best
disclaim warranty? Does a click-through license help with that?
If not what about the rulings in my first mail?
Cheers,
Mika
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