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Re: OSD && DFSG convergence

On Sun, Jan 26, 2003 at 09:35:03PM -0500, Russell Nelson wrote:
>  > I'm inclined to believe that your second example is also a minor
>  > issue, because if the software is DFSG-compliant in all other
>  > respects, it should be possible to legally remove the click-wrap
>  > requirement from the code -- just as you can charge someone a fee
>  > for giving them GPL software, but you cannot prevent them from
>  > giving it away for free once they have it.
> Why do you think you can unilaterally change the terms of a license?

Removing code that displays a license and accepts a "yes" or "no" click
doesn't change the license at all.

If you're allowed to remove this code and redistribute the program
without the click-through, then there's no problem; do so.

If the license has a clause saying "you can't remove the code that
forces the user to click through this license"--which would legally
prevent doing the above--then this requirement itself is DFSG-unfree.

Of course, for a click-through license to have any meaning[1], it needs
to be required, so it would need to contain such a clause.  So, in
practice, click-through licenses are DFSG-unfree.  A clause in the DFSG
making this explicit would be superfluous.

[1] assuming they can have any meaning at all

Glenn Maynard

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