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Re: EULAs and the DFSG



* Glenn Maynard <g_dlegal@zewt.org> [2002-12-04 10:46]:

> On Wed, Dec 04, 2002 at 12:21:29AM -0500, David B Harris wrote:
> > I suspect (though I could be wrong) that the the problem is that if it's
> > an "EULA", in that the user must agree to it before using the software
> > in question, we have to force them to agree to it before using it. We
> > can't guarantee that. a) I don't know anybody in Debian who would
> > advocate forcing the user to do something that they may or may want to
> > do, and b) even if it was attempted, there would be ways around it.
> 
> A license having the requirement that a click-wrap license be agreed to
> before the software is distributed would seem to fail DFSG #1 fairly
> directly--it's a restriction on distribution.
> 
> And if they put users through a click-wrap license, but don't require it
> on redistribution, there seems to be no point.  (I've seen some slightly
> confused Windows installers for GPL programs with a click-through
> containing the GPL.  No real harm in that, I think, but it's unnecessary.)
 
Besides that there are countries like Austria where click-through
licenses are not legally binding.

yours Martin
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