Re: EULAs and the DFSG

[Sunnanvind Fenderson <sunnanvind@fenderson.com>]

Jakob Bohm <jbj@image.dk> writes:
> Click agree to accept this license and the lack of warranty.
> Click decline to not use, copy or distribute this software.

The main problem is that that's simply not true - you _can_ use the
software without accepting the license[1].

If you want to copy or distribute software, copyright legislation
won't let you, and that's when you need the license.

This is very different from EULAs because with them the end user gets
*less* rights that normally given by copyright, so they have to start
entering contract law or the like. (And as been pointed out,
click-wraps seems to be a very fuzzy area legally, currently. Are they
void? Valid? Are certain clauses void?)

[1]: I guess you'll have to acknowledge the lack of warranty (and in
the case of future versions of the GPL, the patent situation).