[OSM-legal-talk] License Cut-over and critical mass

[James Livingston]

On 20/07/2010, at 9:50 AM, Simon Ward wrote:
> On Tue, Jul 20, 2010 at 09:17:43AM +1000, Liz wrote:
>> 
>> 
>> A good example is shrink-wrap licences which are one-sided contracts.
> 
> I don’t believe they are a good example…
> 
>> Where I live a contract has to be agreed to by both parties, is not valid if 
>> signed under duress and is not transferable without agreement.
> 
> This is my (basic) understanding of a contract: It involves two (at
> least) parties agreeing, not just passively.
> 

http://en.wikipedia.org/wiki/Contract_of_adhesion

Contracts of adhesion (e.g. click-through EULAs) are legal in many jurisdictions, but they are less enforceable than proper negotiated contracts. There are often terms which would be enforcable in a normal contract which aren't if written in a contract of adhesion.


Whether you can enforce a passively "agreed" contract of adhesion, e.g. Terms of Service which are just posted on a website with no "I agree" button first is a lot more shaky. IANAL etc.