Blogger claiming "shared source" is approved by OSI

[Alexander Terekhov]

On 10/23/07, Rodent of Unusual Size <Ken.Coar at golux.com> wrote:
> Alexander Terekhov wrote:
> >
> > Uhmm. When did I agree (manifested assent) to the above mentioned
> > opensource.org ToS?
>
> When you enter a store, do you explicitly agree to not stand in
> the doorway ranting at people as they come in?  I doubt it.  Is

The statement "your marxist state of Kerala" is a statement of fact.
Go ask Kerala's Chief Minister Comrade VS, Polit Bureau member of
"Communist Party of India (Marxist)" since 1985
<http://www.vsachuthanandan.org/>. So it was not ranting.

Granted, classifying Eben Moglen's visit to marxist state of Kerala as
"recreation" may well constitute "ranting" to some extent, but when
did Eben come in to this thread? Did I miss something?

> the store entitled to have you removed if you?  I believe so.
>
> An imperfect analogy, to be sure,

Right. Very imperfect. A bit less imperfect analogy is this:

"Netscape argues that the mere act of downloading indicates assent.
However, downloading is hardly an unambiguous indication of assent.
The primary purpose of downloading is to obtain a product, not to
assent to an agreement. In contrast, clicking on an icon stating "I
assent" has no meaning or purpose other than to indicate such assent.
Netscape's failure to require users of SmartDownload to indicate
assent to its license as a precondition to downloading and using its
software is fatal to its argument that a contract has been formed.
Furthermore, unlike the user of Netscape Navigator or other click-wrap
or shrink-wrap licensees, the individual obtaining SmartDownload is
not made aware that he is entering into a contract. SmartDownload is
available from Netscape's web site free of charge. Before downloading
the software, the user need not view any license agreement terms or
even any reference to a license agreement, and need not do anything to
manifest assent to such a license agreement other than actually taking
possession of the product. From the user's vantage point,
SmartDownload could be analogized to a free neighborhood newspaper,
readily obtained from a sidewalk box or supermarket counter without
any exchange with a seller or vender. It is there for the taking."

http://www.nysd.uscourts.gov/courtweb/pdf/D02NYSC/01-07482.PDF

> but where is it written that
> anyone has a *right* to participate in this (or any other
> privately-maintained) mailing list?

I'm not really insisting on that "right".

> Does not participation
> occur at the pleasure/sufferance of the service provider?

May well be.

>
> Regardless of any of the above, everyone here is now aware of
> the terms of service.  As providers of the service, we request
> that you abide by them.

And who's "we", Mr. Rodent of Unusual Size?

regards,
alexander.

--
"Live cheaply," he said, offering some free advice. "Don't buy a house,
a car or have children. The problem is they're expensive and you have
to spend all your time making money to pay for them."

      -- Free Software Foundation's Richard Stallman: 'Live Cheaply'