GPL Issue

[Walter van Holst]

  On 9/21/10 10:39 PM, dtemeles at nvalaw.com wrote:
> Arnoud,
>
> Is it more accurate to say that the party downloading GPL'd software 
> under European law has agreed to the GPL license and is subject to the 
> terms of such license as may be modified by Article 5?  If not, then 
> couldn't one assert that the downloading party didn't lawfully acquire 
> the software in the first place?  The issue would be just as relevant 
> in the proprietary license arena.

The difficulty lies in the fact that downloading the GPL'd software 
cannot be construed as acceptance of the terms of the GPL since the 
licensee has not been provided the terms of the license before actually 
acquiring the code. Precisely the same issue as with the shrink-wrap 
EULAs. I thought that by now that horse had been flogged to death.

Regards,

  Walter