On Tue, Oct 18, 2005 at 02:15:53PM +0200, Arik Kfir wrote:
> No, that's ok. The license prohibits you from *redistributing* the
> JAR. As long as its for your own use, you're fine.

Depends. In general, people writing non-free licenses make them
click-wrap so that they can enforce the restrictions on use they came up
with in court. Bypassing the click-wrap mechanisms may or may not result
in a valid license for you, and is in general not seen as a good thing
by the folks licensing the non-free code in the first place, since
they'd have a harder time in court showing the consent agreement to the
license, if they had to go there to enforce their restrictions on your
use of their non-free work.

For example, if $BIGCORP offers X.jar under a non-free click-wrap
license, and your script downloads it and does all the clicking
through, and then $BIGCORP finds out that you worked around their
licensing arrangements, $BIGCORP can take you to court on the basis that
you never agreed to their license, so you have no right to use their
work (it's non-free by the explicit wish of $BIGCORP). Just because you
can obtain someone's non-free work somehow (script, napster,
bittorrent), does not mean the $BIGCORP will authorise its use without
having established some form of a contract with you (rather than
granting you a free for all license).

In general, a $BIGCORP peddling in non-free software wants to be able to
haul your ass into court if they see it fit, and they don't like the
prospect of having to deal with 'uh, but the $INSTALLER script
downloaded it all automatically, how am I supposed to know its license,
which I never actually agreed to anyway?' claims in a court setting, if
they desire to protect their valuable cash-cow restrictions on
use/modifications/redistribution in court. Who should $BIGCORP sue then
for damages if it turns out it can't enforce its license against some
hypothetical 'evil-doers'? Should $BIGCORP sue the script developers?[1]
:)

cheers,
dalibor topic

[1] A lot of this has already played out in the p2p field anyway, where
corporations have sued end users, distributors, distribution channels,
etc, to protect and enforce their restrictions on use. See MGM vs.
Grokster for an example of suing the script developers instead of the
copyright violators and pushing it all the way through the supreme
court of USA.

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