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Re: EULAs and the DFSG



* Edmund GRIMLEY EVANS <edmundo@rano.org> [2002-12-04 11:40]:

> It's not clear to me whether you're talking about a web page that asks
> you to agree to some terms before downloading the software, or a
> program that asks you to agree to some terms before continuing.
> 
> The former looks like it might be a valid contract in most places:
> downloading the software involves copying it, which requires
> permission, and that permission is being made conditional on
> acceptance of certain terms.
> 
> The latter looks like it might be total crap in most places: you don't
> need permission to run the program once you have it, and even if you
> did need permission, you can't very well get that permission by
> performing an acceptance ceremony in private with no witnesses.

It does not matter, it is a click through and thus not binding here. I
could make the change of the latest kernel available to us citizen
because the klick through is not legally binding for me (which I
ofcourse don't intend to) as well as click on the ACCEPT button below
any EULA without legally binding myself. However, in such a case the
normal restrictive copyright applies. In case of GPL I decide to accept
the license because otherwise I would could not modify source due to
copyright laws.

Guess this is enough, the main point is, that click-through licenses are
not legally binding in some countries.

yours Martin
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