[OSM-legal-talk] Click-through

[Rob Myers]

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Jochen Topf wrote:

> A contract by definition is something you can only enter into
> voluntarily. 

This is why the FSF insist that the GPL is a licence, not a contract.

In some jurisdictions (IANAL, TINLA) licences may be contracts, but we
don't talk about that. ;-)

For the GPL, you do *not* have to accept the licence to use the compiled
software. You do have to accept the licence to distribute modified
source code though. As luck would have it, the distribution right is
common to common and civil law.

> So I know that it is not enforcable unless both parties
> have agreed. It might still be not enforcable if both parties have
> agreed (for any number of reasons), but if there is no agreement, there
> is no contract.

There's also the issue of "consideration" IIRC.

And we really do not want to be relying on or validating the idea of
click-licences. By reading this email you agree to this. ;-)

- - Rob.
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