Re: Is the University of Edinburgh clickwrap GPL DFSG-free?
On Friday 03 November 2006 01:24, Don Armstrong wrote:
> Setting up wrapper terms and/or clickwraps that cannot be removed
> contravenes §6:
> 6. Each time you redistribute the Program (or any work based on the
> Program), the recipient automatically receives a license from the
> original licensor to copy, distribute or modify the Program subject
> to these terms and conditions. You may not impose any further
> restrictions on the recipients' exercise of the rights granted
> herein. You are not responsible for enforcing compliance by third
> parties to this License.
> If they can be removed, then that's fine; have them removed by
> someone, and do the initial distribution without the extra terms.
Hmmm... first, I'm fairly certain these terms cannot be removed. The
copyright holder made that pretty clear with the following statement:
IF YOU DO NOT ACCEPT ALL THE TERMS OF THIS LICENCE [sic], EDINBURGH GRANTS NO
LICENCE [sic] TO USE SOFTWARE, AND THEREFORE YOU SHOULD CLICK ON THE 'REJECT'
BUTTON TO EXIT THIS PROCESS.
Avoiding the click wrap means you have not accepted ALL the terms of the
license (warrent/waiver provisions) and thus you have not received a grant.
> > I will be honest, it's not something I've given a lot of thought
> > to... but I'd like to understand your arguments against wrapping the
> > GPL in additional terms.
> There's nothing wrong with wrapping the GPL in additional terms; the
> question is whether or not they can be removed. [It's much like adding
> additional permissions to the GPL; there's nothing wrong with them, so
> long as they can be removed.]
Now, as for the portion of the GPL that you site as makes wrapping
inappropriate unless they can be removed. The relevant sentence appears to
You may not impose any further restrictions on the recipients' exercise of the
rights granted herein.
But that doesn't say you cannot impose further restrictions in general, only
those which restrict rights granted by the GPL. So I'll re-ask my
question... what part of the GPL prohibits a more explicit waiver of
*liability* and *warranty* than already included in the GPL?
So, let go
...Oh well, what you waiting for?
...it's all right
...'Cause there's beauty in the breakdown