Open Source Click-Wrap Notice

[Mahesh T Pai]

 Lawrence E. Rosen wrote:

>'Forrest J. Cavalier III' wrote:
>I would want to agree individually, not in bulk.
>
Courts also insist that it should be that way.

>... That is why I suggested in the notice that you 
>there be a simple procedure to review all the licenses.
>

"Please review and agree to the terms of the Netscape SmartDownload
software license
agreement before downloading and using the software."
                                                    (quoted from the
quotation in Specht v. Netscape.)

The court said that this language is simply an invitation to read the
license, and merely because a user saw this text, it cannot be inferred
that the license will bind the user.

(aside - On strict legal grounds, I feel that the decision in Specht
requires reconsideration)

"The name of each software program on this distribution and its
applicable license is listed on the file LICENSE.TXT included with this
distribution [, which you can read by clicking on "REVIEW THE LICENSES"
below]."

The court will say that this language is simply an invitation to read
the licenses, and merely because a user saw this text and clicked on 'I
agree", it cannot be inferred that the license will bind the user.

Regards,
Mahesh T Pai.

>  
>


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