Subject: RE: a proposed change to the OSD
From: Russell Nelson <>
Date: Sat, 26 Oct 2002 13:16:45 -0400 (EDT)

Lawrence E. Rosen writes:
 > I have proposed a click-wrap notice that would allow ONE single notice
 > for all the programs in a distribution.  I believe that one notice is
 > legally sufficient and indeed necessary to obtain affirmative assent to
 > the licenses for the individual works comprising that distribution. 
 > Other lawyers ....

I'd like to hear from other lawyers.  Various members of the open
source community have been *very* clear that it is completely
impractical to have to consider and click on every license in a
distribution.  If that is indeed necessary to establish privity, then
we have a problem more serious than the mere existance of proprietary
software.  If, instead, Larry's idea is sufficient, then great, we can
allow all the click-wrap people want.

Rod Dixon has pointed out that click-wrap is not the only method by
which agreement can be indicated.  How about this legal theory instead
of click-wrap: you got the software for free.  If you continue to use
it, it is because you agree with the terms under which the software is
offered.  If ever you disagree, you have simply to delete the

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