Click-wrap licenses (RE: slashdot post)

David Chan david at
Mon Aug 5 14:48:26 UTC 2002

[ David is not a license-discuss subscriber.  He sent the following
message to OSI.  With his permission, I'm forwarding it to the
list. -russ ]

It is possible to have a click-wrap without putting anything in the
license.  For example, I could distribute BSD-licensed software only to
people who click though to agree that I am not responsible for any
flaws in that software.  Each licensee would then be free to
redistribute the software under the BSD licence - with or without a
similar click-wrap, at their choice.

This would give me some protection from legal action from the people
whom I distribute the software to.  It would not give me protection
from legal action from people receiving that software when it is
redistributed, since they might not be required to agree to a
click-through, but my potential liability to them should be less
anyway, because I did not provide them with the software.

I hope this is of some use - of course, without further details, it's
hard to know whether this relates to the issues the submitter had.

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