Open Source Click-Wrap Notice

David Johnson david at
Thu Aug 8 01:43:31 UTC 2002

On Wednesday 07 August 2002 12:20 am, Lawrence E. Rosen wrote:

> 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.

Thanks for the clarification. I wasn't thinking in terms of patents. But it 
does bring up a similar concern in my mind: what kind of authorization is 
needed to permit usage of a device covered by a patent?

OT: I don't mean to be difficult, but I am asking out of genuine interest. Why 
is software always the special case that must be treated differently under 
the law? Why do I need a contract to use software, but not to read a 
copyrighted book or use a patent covered DVD player? I greatly fear that 
other industries will follow software's lead and we'll start seeing people 
sued for their negative book reviews at, and having to punch "I 
Agree" buttons on DVD players.

David Johnson
pgp public key on website
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