Open Source Click-Wrap Notice

Mahesh T Pai paivakil at
Wed Aug 7 11:49:57 UTC 2002

 Lawrence E. Rosen wrote:

>... This expression of assent would satisfy the requirement of the law
that a
>contracting party must agree to a contract before it can be asserted
>against him.  
Only thing we are interested in is protecting ourselves against product
liabilities.  If there is consensus on this, then why not agree to a
uniform disclaimer clause, and present the user with this disclaimer
alone at the beginning of install process?  

My logic is that the differences between most open source licenses is in
the terms of distribution.  The disclaimers are more or less similar.

[A difference of opinion may arise when people wish to include
arbitration clauses also.  Personally, I am against use of arbitration
clauses in any product meant for mass use.  It is simply not fair to ask
a consumer situated in India, who downloaded a software from a server in
australia to arbitrate his dispute in California, US. (uh, I went off
the subject)]

>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.
Disclaimer clauses do not apply when the user does not have actual
knowledge of disclaimers.  An omnibus click-through would not be of any
use if we cannot show that the user had actual knowledge about
disclaimers contained in the different licenses.

Please note that signatures (and clicking on "accept" buttons) show that
the user knows and understands the actual terms.  Unless we can show to
a court that we presented the user with the actual terms, it will not be
possible to hold the terms against him.  

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