Interesting Microsoft license clause re open source

[Ravicher, Daniel B.]

> -----Original Message-----
> From: David Johnson [mailto:david at usermode.org]
>
> 
> Do you know anyone who has _negotiated_ with Microsoft over 
> the terms of the 
> EULA? Personally, and IANAL, I don't consider the EULA to be 
> a contract. I 
> have not agreed to it. I have not signed it. I have not given 
> my verbal "OK" 
> to anyone. The courts are still out on the validity of 
> shrink-wrap and 
> click-through. 
> 
> Just because Microsoft says people are under an agreement 
> does not make it 
> so. I've bought the software, and along with that purchase 
> came the rights to 
> use that software. So long as I don't distribute it, publicly 
> perform it, or 
> create derivations of it, I can do whatever I want. Including 
> using it as a 
> tool in conjunction with Open Source tools.

I'm genuinely curious how you would respond to someone who made these
arguments against any one of the open source licenses since they too don't
require a signature or for someone to give a verbal "OK".  What if someone
said "Just because the GPL says I'm under an agreement does not make it so."

--Dan

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