Legal soundness comes to open source distribution

Rod Dixon rod at
Fri Aug 2 03:44:58 UTC 2002

My response is yes. In fact, the OSD recommendations I am developing as part
of the OSD Model Code proposal will include a suggestion on which article
and what language might be best to accomplish this. I am hoping to post the
complete proposal during the fall semester.
- Rod

Rod Dixon, J.D., LL.M.
Visiting Assistant Professor of Law
Rutgers University School of Law - Camden
rod at
My papers on the Social Science Research Network (SSRN) are available
through the following url:

----- Original Message -----
From: "Russell Nelson" <nelson at>
To: <license-discuss at>
Sent: Thursday, August 01, 2002 11:18 PM
Subject: Legal soundness comes to open source distribution

> At the July OSI board meeting last week, we approved the Academic Free
> License (think MIT/BSD/X11/Apache with a patent grant) and we sent
> four licenses back for reconsideration.  Here's the hitch: we were
> asked to approve a license which includes a requirement for
> click-wrap.
> The submittor had already been asked if that requirement was a
> necessity.  She said yes, because of various legal precedents.  We
> consulted a few people and yes, it looks like a license without
> click-wrap is weaker at protecting your rights.  So, folks, the
> lawyers are coming.
> The time is coming when you won't be able to distribute software
> unless you have presented the license to the user and their assent is
> necessary to access the software.  Even free software.  Our industry
> is maturing and we need to be more legally careful and rigorous.
> The question here is whether we should amend the Open Source
> Definition so that it is clear whether click-wrap licenses are
> allowable or not.  We could go either way, but we want to hear from
> you first.  Your opinions solicited, and engaged!
> --
> -russ nelson     |  New Internet Acronym:
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