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Re: UnrealIRCd License (Click-Through issue)


* Wouter Verhelst <wouter@grep.be> [2003-09-01 20:39]:
> So, even if you do not accept the license but you do copy, modify,
> and/or distribute the Program, you're still bound by the License.

What about "use"? I think that's the most important one here.

> Not accepting the GPL is not a way to avoid it. You would be using a
> copy of the program without the right to do so; it would be the Free
> Software-equivalent of software piracy.

Could you then comment on the quoted comment on a ruling in my first
In order to resolve the question of arbitration, the key issue the
Second Circuit had to decide was whether plaintiffs, by downloading the
free software, agreed to be bound to Netscape's license agreement, which
included the arbitration clause.
The appellate court found that having selected to download the program,
users were neither required to unambiguously manifest assent to the
program's license agreement nor to view the license terms, or even
become aware of their existence. After examining California case law and
relevant law governing contract agreements, the appellate court held
that the act of clicking a download button does not signify assent to a
contract's terms if the consumer is not aware of the them. Therefore,
users are not bound by the SmartDownload license agreement since a
"reasonably prudent" consumer would not have been aware of its

Full text:http://www.2000law.com/news_archive.htm
Ruling: http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=2nd&navby=case&no=017860v2&exact=1


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