Legal soundness comes to open source distribution

Forrest J Cavalier III forrest at
Sun Aug 4 04:31:11 UTC 2002

David Johnson wrote, in part:
> software. The potential licensee already has rights to install and execute 
> the software which they possess. Furthermore, one cannot make the exercise of 
> a preexisting right the indication of assent.

I think the issue there is "how did they come to possess?"
In other words, "click-to-obtain" must be distinguished from
"click-to-install and use."

> My opinion is that the OSD can allow the use of click-thru, but that
> they must not allow the mandate of click-thru.

Since it is a description of rights and permissions, I think the
OSD should remain silent on describing how parties enter agreement.

Isn't OSD #7 adequate to reject a license which requires click-wrap
for all subsequent redistributions?

I think the issues being discussed here are important, but outside
the scope of the OSD.
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