David Johnson wrote, in part: > software. The potential licensee already has rights to install and execute > the software which they possess. Furthermore, one cannot make the exercise of > a preexisting right the indication of assent. >
I think the issue there is "how did they come to possess?" In other words, "click-to-obtain" must be distinguished from "click-to-install and use." > My opinion is that the OSD can allow the use of click-thru, but that > they must not allow the mandate of click-thru. Since it is a description of rights and permissions, I think the OSD should remain silent on describing how parties enter agreement. Isn't OSD #7 adequate to reject a license which requires click-wrap for all subsequent redistributions? I think the issues being discussed here are important, but outside the scope of the OSD. -- license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3