Re: UnrealIRCd License (Click-Through issue)
Mika Fischer <mika_fischer@gmx.net>:
> > 5. You are not required to accept this License, since you have not
> > signed it.
>
> And what does that mean? May I download Emacs, not accept the GPL, use
> it, run into problems with my business because of using it and then sue
> the FSF?
Of course. You have the right to sue anyone for anything at any time!
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, ...
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.
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?
Reply to: