OSD modification regarding what license can require of

John Cowan jcowan at reutershealth.com
Thu Mar 14 10:51:25 UTC 2002

Forrest J. Cavalier III scripsit:

> It was my understanding that it can be hard to convince a court
> that a gratis download binds the recipient to a contract/license.
> (Because there is no consideration.)  

Not so much consideration as acceptance.  That's what _Netscape_
established; just putting software on a Web page in parallel with
a restrictive license doesn't bind someone who downloads the software
to the license, because there is no reason to think that it was accepted.
Consideration is a matter of form (de facto); acceptance is not.


John Cowan <jcowan at reutershealth.com>     http://www.reutershealth.com
I amar prestar aen, han mathon ne nen,    http://www.ccil.org/~cowan
han mathon ne chae, a han noston ne 'wilith.  --Galadriel, _LOTR:FOTR_
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