Legal soundness comes to open source distribution

David Johnson david at
Wed Aug 14 05:18:24 UTC 2002

On Tuesday 13 August 2002 09:37 pm, Carol A. Kunze wrote:

> In any event, I am going to have to go back and reread the approved
> licenses to see which ones require entering into an agreement and the
> extent to which downsteam distributors are required to do the same.

Since distribution is an exclusive right of the author, it is perfectly 
reasonable for a distributor to enter into an agreement before distributing 
the software. It seems to be that clauses like "by distributing this software 
you agree to..." are not a problem. 

But the use of the software is not an exclusive right of the author. That's 
why click-wrap is problematic.

David Johnson
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