scalable click-through

['Bruce Perens']

Larry,

That's what I was thinking of. In order for this work, I think that OSI
would have to provide:

	1. A _single_ notice that everyone can use. I'm convinced that
	   two of them would be too many. It should have a version number,
	   but it should be pretty durable. Thus it is absolutely
	   necessary that some agency coordinate this notice, and if OSI
	   is proposing to approve licenses that require it, OSI will
	   have to bear that responsibility. Dealing with translations
	   and provisions for various localities will be non-trivial.

	2. Clear directions on how and when to present the notice, be it
	   in a distribution or something else. An interval of years may
	   pass between presentation of this notice and installation of
	   other software. The entity viewing the notice may change over
	   that interval. Can you deal with that in legal language?

	3. Clear directions on how a license is to refer to #1 and #2.
	   this should probably be by reference, and _not_ by inclusion,
	   so that you can update the notice and procedure over time.

Your text should mention that it applies to software that you install
_in_the_future_ as well as what you are doing right now.

Your text notes the availability and location of source code, but I
think you should also advise the user in some way that it is possible
to perform due diligence using that source code - since this is unlike
conventional software.

Your notice text could be made more readable for non-attorneys, but I think
we can leave that until after agreement on more fundamental issues.

	Thanks

	Bruce

On Mon, Aug 05, 2002 at 12:38:36PM -0700, Lawrence E. Rosen wrote:
> Bruce,
> 
> You wrote:
> > The only approach that I can think of that does scale would 
> > be a click-through regarding licenses in the aggregate rather 
> > than a signular license. This could be done when a 
> > distribution installs, or on something else than Linux, when 
> > a package installer is first instantiated on a system.
> 
> You've made an excellent suggestion.  Here's a possible wording of a
> distribution click-wrap notice.  I do not consider this wording
> authoritative or final and I encourage suggestions:
> 
>   By clicking on "I AGREE" below, you indicate
>   your acceptance of the software programs
>   included on this distribution under the terms
>   and conditions of the licenses applicable to 
>   each of them.  
> 
>   You acknowledge that some or all of this software
>   is being distributed under open source licenses 
>   that allow you to copy the software, create
>   modification to it, and distribute those copies
>   and modifications, and that some or all of those
>   licenses also require that you publish the source
>   code of any copies or modifications that you
>   distribute.  Source code for all open source 
>   software included on this distribution is included
>   with the distribution or is available from the
>   distributor[ at www.xxxxxx.com].
> 
>   YOU ACKNOWLEDGE THAT SOME OR ALL OF THESE SOFTWARE
>   PROGRAMS ARE DISTRIBUTED AS-IS, WITHOUT ANY WARRANTY,
>   INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR
>   A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  [YOU 
>   FURTHER ACKNOWLEDGE THAT THE DISTRIBUTOR IS PROVIDING
>   THIS DISTRIBUTION AS-IS, WITHOUT ANY WARRANTY, 
>   INCLUDE THE WARRANTY OF MERCHANTABILITY, FITNESS FOR
>   A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.]
> 
>   The name of each software program on this
>   distribution and its applicable license is listed
>   on the file LICENSE.TXT on this disk[, which you
>   can read by clicking on "REVIEW THE LICENSES" below].  
> 
>   The software programs on this distribution are
>   protected by copyright law in the United States
>   and other countries, and by international treaty,
>   or by one or more patents.  You understand and agree
>   that the installation, use, copying, modification,
>   and distribution of this software is prohibited by
>   law unless you agree to the applicable licenses.  
> 
>   You will be permitted to install and use the 
>   software programs included on this distribution
>   only if you click "I AGREE" below.  
> 
> /Larry Rosen
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