OSD modification regarding what license can require of

Forrest J. Cavalier III mibsoft at mibsoftware.com
Thu Mar 14 06:40:03 UTC 2002


David Johnson <david at usermode.org> wrote (in part)

> The only way around this is for the author to put his morality on the shelf 
> and try to impose click-wrap licensing on me (bad), or to be honest and 
> present me with a contract prior to my aquisition of the software (doubtful 
> it would meet the OSD), or to make these terms a condition of the granted 
> permissions. The latter might fit into the OSD somewhat, but it would still 
> be a no-op regarding the ASP issue.
> 

David didn't make it explicit, (and I'm sure he knows...,)
but it should be stated that the first two "only way
around this" are clearly not options with software under
OSD-compatible licenses.

Click-wrap licensing doesn't work when recipients can
modify the source code.  They can simply disable
the wrapper when they redistribute. 

Presented and accepted contracts don't work for a similar reason.
(OSD #7 says all rights must apply with no separate license.)

So that leaves only the third, which is "make these terms
a condition."


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