Re: Open Source Click-Wrap Notice

2002-08-10 Thread Bjorn Reese
Forrest J. Cavalier III wrote: You can't run most source code. You must compile it, which is preparing a derivative work. Not quite... [T]he U.S. Copyright Office has traditionally taken the view that object code is not a derivative work of source code. Instead, the Copyright Officers

Re: Alternative to click wrap license

2002-08-10 Thread Mahesh T Pai
Sunnanvind Fenderson wrote: If users disagree with the copyright license they must refrain from distributing the program - lest they are in violation of copyright law. This is being disputed in some courts, accepted in some. It's unclear what law it uses. Contract law? Can I say By reading

Re: Open Source Click-Wrap Notice

2002-08-10 Thread Mahesh T Pai
Lawrence E. Rosen wrote: Mahesh T. Pai wrote: Here, we are presented with a case where one click is intended to indicate assent to license A, B, C, D, E, (ad infinitum; minimum 800 as in a linux distro). No, the click wrap notice will not hold in a court of law. Want to bet? Whose

RE: Open Source Click-Wrap Notice

2002-08-10 Thread Lawrence E. Rosen
Your answer added nothing to the discussion. Please give some legal argument why a single click-wrap won't bind the licensee to all relevant licenses. Quoting from my words is not a reason. If you think different words would work better, please suggest them. /Larry -Original

Re: Alternative to click wrap license

2002-08-10 Thread Sunnanvind Fenderson
Mahesh T Pai [EMAIL PROTECTED] writes: We also want to reduce the threat of users suing us. Therefore, click wrap is about product liability. When we tell the courts that we are not liable because we have a contract to which the plaintiff has assented to, according to which we are not

RE: Open Source Click-Wrap Notice

2002-08-10 Thread Forrest J. Cavalier III
[EMAIL PROTECTED] wrote, in part: Your answer added nothing to the discussion. Please give some legal argument why a single click-wrap won't bind the licensee to all relevant licenses. How do you form a contract without presenting the terms? Is there a way to review the terms without

Re: Open Source Click-Wrap Notice

2002-08-10 Thread Carol A. Kunze
Lawrence E. Rosen wrote: To: License-discuss After private follow-up discussion among interested parties, I am proposing the following Open Source Click-Wrap Notice that can be used for the distribution of open source software. I seek the review of the participants on license-discuss,

RE: Open Source Click-Wrap Notice

2002-08-10 Thread Lawrence E. Rosen
Lawrence E. Rosen wrote: To: License-discuss After private follow-up discussion among interested parties, I am proposing the following Open Source Click-Wrap Notice that can be used for the distribution of open source software. I seek the review of the participants on

RE: Open Source Click-Wrap Notice

2002-08-10 Thread Lawrence E. Rosen
'Forrest J. Cavalier III' wrote: How do you form a contract without presenting the terms? Is there a way to review the terms without clicking? Is such vague language sufficient to incorporate all the terms (of those possibly 800 licenses) by reference? Seems against common sense to me.