On Tuesday 13 August 2002 10:43 pm, Lawrence E. Rosen wrote: > Whatever else open source licenses do, they do not explicitly make a > licensee the "owner of a copy." To transfer ownership requires a > contract; a mere license won't do.
What about the gift of a copy of the software, as in a download at the author's invitation? The transferal of property may require a contract, but that contract can be as informal as "here, take this." > Regardless of this confusing point, why does this make click-wrap > "problematic"? If the user has the legal right to use or install the software, then the exercise of that right cannot be used to indicate license acceptance. Anything else would be legal blackmail. Which in fact is how I view many of these newfangled EULA's. -- David Johnson ___________________ http://www.usermode.org pgp public key on website -- license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3