Manifestation of Assent

[Noah Levitt]

In your opinion, would the act of distributing a piece of
(say) GPL software or a derivative of it be sufficient to
indicate assent, assuming that the distributor in question
obtained the software by downloading a source tarball via
ftp, without click-wrap, and that the tarball had a file
called COPYING with the full text of the GPL?

My apologies if this has been clearly answered before.
People have suggested and/or asserted it (e.g.,
http://www.mail-archive.com/license-discuss@opensource.org/msg05228.html),
but I couldn't find it stated unequivocally by a lawyer.

Noah

On Tue, Oct 29, 2002 at 18:22:33 -0800, Lawrence E. Rosen wrote:
> There's been much discussion lately about click-wrap licenses.  I'm
> attaching an article I wrote on this topic for my Linux Journal column.
> Please don't distribute this article without my permission so that Linux
> Journal will have the opportunity to publish it first.  /Larry Rosen


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