Legal soundness comes to open source distribution

[Rod Dixon]

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 cyberspaces.org
http://www.cyberspaces.org/dixon/
My papers on the Social Science Research Network (SSRN) are available
through the following url: http://papers.ssrn.com/author=240132



----- Original Message -----
From: "Russell Nelson" <nelson at crynwr.com>
To: <license-discuss at opensource.org>
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              http://russnelson.com |  New Internet Acronym:
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