Subject: Re: A practical example of a click-wrap license
From: Eric S Raymond <esr@thyrsus.com>
Date: Sun, 4 Aug 2002 11:16:40 -0400

Lawrence E. Rosen <lrosen@rosenlaw.com>:
> In order to satisfy my attorney's concerns that the above provisions be
> enforceable, I am instructed to ensure that there is a clear
> manifestation of assent to my license.  (My attorney has read Specht v.
> Netscape.)  I wish to do this by a click-wrap procedure that is invoked
> upon installation (or first use) of the KA program.  I provide notice
> that anyone who is not completely satisfied with the license terms may
> return the "free" software to me for a complete refund.  
> 
> In order to ensure that this manifestation of assent procedure is always
> effective, I want to include a provision in my license requiring my
> distributors to retain that click-wrap procedure -- along with my
> copyright and patent notices -- when they distribute my program.
> 
> Is my KA license open source?  Should the OSD prevent me from getting
> OSI certification for KA because I included a click-wrap requirement in
> my license?

This scenario argues for permitting click-to-use but not click-to-redistribute.
-- 
		<a href="Eric">http://www.tuxedo.org/~esr/">Eric S. Raymond</a>
--
license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3