a proposed change to the OSD

John Cowan jcowan at reutershealth.com
Sat Oct 26 16:51:23 UTC 2002

Lawrence E. Rosen scripsit:

> Russ, if it was your intent to prevent click-wrap notices, then I'm
> While many in the open source community are
> opposed to such notices, I will ALWAYS recommend to my clients that they
> use such notices for their software, and that they require their
> sublicensees to use such notices.

That could get old real fast, when the typical program requires the
use of a dozen component libraries to function.  How many dialogue boxes
are you willing to click on before the Gimp starts up?  Or should each
user when logging on to the system for the first time be presented with
about 700 of them to click on?

This is the "annoying [old-]BSD notice requirement" in a new guise.

> Members of the community may not like
> it, but the courts are clear about the importance of such notices for
> contract formation.  Whine and groan all you like, it's a legal
> necessity....  I'll change my mind about this only after you succeed in
> changing the law.

I agree with what you say, but draw a different conclusion, viz. that
contracts involving mere use (as opposed to a copyright-holder right
such as modification) are a Very Bad Thing.

John Cowan  jcowan at reutershealth.com  www.reutershealth.com  ccil.org/~cowan
Dievas dave dantis; Dievas duos duonos          --Lithuanian proverb
Deus dedit dentes; deus dabit panem             --Latin version thereof
Deity donated dentition;
  deity'll donate doughnuts                     --English version by Muke Tever
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