Open Source Click-Wrap Notice

Lawrence E. Rosen lrosen at
Wed Aug 7 07:20:19 UTC 2002

> Huh? I keep seeing this assumption that there is a law 
> prohibiting the 
> installation and use of software, but I can't find any facts 
> on the matter. 
> Can anyone provide me with evidence that the author can prohibit the 
> recipient from executing the software or its installer? What 
> is the legal 
> foundation for the author to claim the exclusive right of use?
> Inquiring minds want to know...

Inquiring minds will be told:

If the licensor has a patent, he can prohibit the *use* of the software
absent a license.  "Whoever without authority makes, uses or sells any
patented invention during the term of the patent therefor, infringes the
patent."  35 U.S.C. § 271.

That is the import of the patent grant in the MPL and many similar

Would everyone on this list for at least a moment stop thinking that
copyright is the only concern of open source software!

I don't make the law, I just have the unenviable task of explaining it
to the open source community.  Too many of you seem to wish it were
otherwise.  Remember the old saw, wish into one hand, s**t into the
other, which one will fill up first?

/Larry Rosen

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