RealNetworks' RTSP Proxy License

[Daniel MD]

At 09:03 9/7/01 -0700, you wrote:
>begin Laflamme, Elaine quotation:
> > There is a recent case in the Southern District in New York holding
> > that a similar provision was not enough to create a contract because
> > it did not require an affirmative action such as clicking on an Accept
> > button before downloading and using Netscape's SmartDownload.
>
>I believe the question Sam asked was not "Is this an enforceable
>contract term?", but rather "Is this an enforceable licence term?" It is
>not at all clear that a valid contract must be formed for this licence
>(or licences, generally) to exist.
>
>This point keeps coming up (and not being resolved) concerning
>open-source software specifically, usually when someone cleverly notices
>the lack of any obvious "consideration" (one of the required elements
>for contract formation) and rushes to the hasty conclusion that the
>software's licence is without force.
>
>To review, the RTSP Proxy Kit License terms are at
>http://www.rtsp.org/2001/proxy/license.html .
>
>   This License Agreement ("License Agreement") is a legal agreement
>   between you (either an individual or an entity) and RealNetworks, Inc.
>   ...
>
>This smells mildly of contract (as opposed to a grant of non-default
>rights under copyright law) -- and I think lawyers put language like
>this into software licences reflexively because they're used to thinking
>of software as part of an exchange transaction.
>
>And of course we have:
>
>   YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE
>   READ THIS LICENSE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS
>   AND CONDITIONS.
>
>Again, smells of intended contract, which is at best a bit confusing,
>but I'd speculate (IANAL) that it wouldn't prevent the licence being
>effective as a grant under copyright law.
>
>   Subject to the provisions contained in this License Agreement, RN
>   hereby grants you a non-exclusive, non-transferable, perpetual,
>   worldwide license....
>
>Consistent with a grant of non-default rights under copyright law.
>
>(The terms "agreement" and "agree" also occur elsewhere in sundry places.
>But my point is that answering "Is it a valid contract?" is not
>disposative of the more-central question "Is it enforceable?")

I too have reviewed this license and i think it needs allot of 
modification, some bits are really confusing.
But i have failed to see any answers from the Author.

>--
>Cheers,     Founding member of the Hyphenation Society, a grassroots-based,
>Rick Moen   not-for-profit, locally-owned-and-operated, cooperatively-managed,
>rick at linuxmafia.com       modern-American-English-usage-improvement 
>association

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