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Re: Mandatory click wraps trivially non-free

On Thu, 14 Jul 2005, Sean Kellogg wrote:
> On Thursday 14 July 2005 12:56 am, Don Armstrong wrote:
> > On Wed, 13 Jul 2005, Sean Kellogg wrote:
> > > But no one has presented a cogent argument about how mandating that
> > > people actually agree to the terms of the GPL poses a threat to the
> > > DFSG.
> >
> > Surely you can see that requiring the clickwrap license to be viewed
> > by the user is a serious restriction both on modification (3) and a
> > field of endeavor (7); especially as there's no "clickwrap license"
> > over RSS protocol.
> The original downloader (slashdot) would be obliged to click on the
> 'I accept the GPL terms' because the original author's chose to put
> it in there. But there is nothing stoping slashdot from ripping out
> the clickwrap before they put load it onto their system.

We're discussing two different things then. If the click wrap can be
removed from the program, then I submit that it is not mandatory, nor
a requirement of "actual manifestation of assent." It's merely a
dialog box that the author happened to have placed into their program
because they felt it would be nice to have people click on a button.

Don Armstrong

She was alot like starbucks.
IE, generic and expensive.
 -- hugh macleod http://www.gapingvoid.com/batch3.htm

http://www.donarmstrong.com              http://rzlab.ucr.edu

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