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Re: EllisLab, Inc. CodeIgniter license

In message <200810291940.57584.skellogg@gmail.com>, Sean Kellogg <skellogg@gmail.com> writes
On Wednesday 29 October 2008 06:45:19 pm Ben Finney wrote:
Francesco Poli <frx@firenze.linux.it> writes:
> On Wed, 29 Oct 2008 21:08:54 +0100 Carl Fürstenberg wrote:
> > This license is a legal agreement between you and EllisLab Inc.
> > for the use of CodeIgniter Software (the "Software"). By obtaining
> > the Software you agree to comply with the terms and conditions of
> > this license.
> I don't particularly love licenses that claim they must be agreed
> upon just to *obtain* the Software.

Indeed. I don't know of any jurisdictions where these grasping clauses
are enforcible; one can't be held to an “agreement” that one had no
option to view or negotiate before the stated condition occurs.

Sure they can. If you don't agree to the terms of the license, then you don't have the right to have a copy of the work. In fact, you didn't even have the
right to make the copy in the first place. Now, I'm not claiming you can agree to something you haven't seen, but if you DO NOT agree, then you
don't have the right to have it in the first place, and so at a minmum a rights's holder can enforce their right to deny you a copy. Francesco says he
doesn't like licenses that require you to agree before you *obtain*... but one has to have permission to get the copy right from the get-go.

Reductio ad absurdam ...

In order to get a copy of the software you need to agree to the licence.
In order to agree to the licence, you need to be able to read the licence.
In order to read the licence you need to get a copy of the software.

Repeat ad nauseam.

In many/most jurisdictions, this is called a "contract of adhesion", and is void ... as Ben said, you can't (in most circumstances) be held to an agreement where you were unable to provide informed consent (ESPECIALLY if the counter-party was responsible for that inability!).

Anthony W. Youngman - anthony@thewolery.demon.co.uk

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