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Re: Clickthrough for GPL



"Jordi Gutierrez Hermoso" <jordigh@gmail.com> writes:

> I realise it probably doesn't make much of a difference if the GPL
> is in a clickthrough, since as I understand it, you don't need to
> agree to the GPL to use the software, and clickthrough agreements
> are probably almost always impossible to enforce. So, just out of
> academic curiousity, what's the status of putting the GPL in such a
> clickthrough agreement? Does it make any difference or not?

The GPL explicitly permits use of the work by any recipient; this is
granted even in jurisdictions that sadly have copyright law that
restricts the act of using copyrighted works. So, regardless of
whether the person agrees to the license, they have the freedom to use
the work.

The problem comes when the installer refuses to install the work
without receiving acceptance of the GPL; this goes against what the
license says (i.e. that even a person who says "no" to such a question
has the right to install and use the work.

Having received such a work, I suppose the license grants permission
to use the work *despite* what the installer does; so, installing the
software "manually" by extracting it in a way that avoids such a
question would be explicitly granted. That's a pointless hurdle to put
before the user, though; ideally the meaningless "Accept the license"
step should be removed.

-- 
 \            "Beware of and eschew pompous prolixity."  -- Charles A. |
  `\                                                         Beardsley |
_o__)                                                                  |
Ben Finney



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