Subject: Re: JBoss aquired by Red Hat
From: simo <s@ssimo.org>
Date: Sat, 29 Apr 2006 10:03:20 -0400

On Sat, 2006-04-29 at 10:09 +0200, Bernard Lang wrote:
> What about this situation :
> 
> 
>      This software is licensed under the GPL.
>      Click *HERE* to assent to the existence of Santa Claus
>         and download the software.
> 
> Did I sign a contract ?

For the US law probably yes, as there is specific legislation (or common
law) if you ask assent.
Does it mean it is always a contract?
I do not think so, but then I am not a lawyer.

I can say that in Italy for example there is strong concern about this
point because for the Italian law "license" is not something that exists
in legal terms, so we end up trying to fit the GPL in so called-
unilateral-contracts, but even this is difficult, because the law there
specify exactly which are the admissible unilateral-contracts, and the
GPL seem to not fit any easily.

> Anyone can distribute GPLed code, under any condition.
> Corel made Linux available to people over 18 years old exclusively.
> 
> so what  ?

This was probably a violation :-)
The GPL explicitly state that you cannot restrict distribution.

Simo.