The following is a note from our legal department on the discussion of the "minor" clause in the Corel Linux EULA. I hope it clarifies why the EULA is the way it is and why we believe it actually has positive value for free software developers.
Erich Forler Product Development Manager Corel Linux Dear Reader: Last week a number of posting appeared on Slashdot.org and other message boards questioning the legality of a clause that appears in the end user license agreement for Corel LINUX (EULA). The clause in question reads as follows: BY CLICKING ACCEPT BELOW: 1. YOU CERTIFY THAT YOU ARE NOT A MINOR AND THAT YOU ACCEPT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET OUT IN THE LICENSE BELOW. DOWNLOADING AND/OR USING THE PRODUCT WILL BE AN IRREVOCABLE ACCEPTANCE OF THE TERMS AND CONDITIONS OF THE LICENSE. The cause for the concern has been the phrase YOU CERTIFY THAT YOU ARE NOT A MINOR. Some commentators have argued that such a requirement is in violation of the GNU General Public License (hereafter referred to as GPL). The following is an explanation of the clause and why it has been included in the EULA. What is the purpose of the Minor clause? An end user license agreement is an agreement, or contract, between the licensor and users of the software. Typically this type of contract will include a description of the licenses granted to the end user, any obligations or restrictions that the licensor might wish to impose upon the use of the software, and a disclaimer of warranties regarding the performance of the software. In order to be effective, however, the contract must be binding upon the persons who enter into it. In some jurisdictions, contracts entered into by minors are deemed by law to be not binding upon them or to be voidable at the option of the minor. As a result, if a licensor of software attempts to enter into a contract with a minor regarding the use of software it runs the risk that the terms of the end user license agreement may not be enforceable. The purpose of the minor clause, therefore, is to ensure that the license agreement that is entered into between the licensors of the software (ie. the many contributors of code) and the users of the software is a valid and binding one. This is beneficial to all contributors of open source code in that it helps ensure that provisions in the GPL which limit each contributors liability, as well as the obligations placed on end users regarding the use and distribution of the software, are effective. Is the Minor clause a violation of the GPL? Some commentators have suggested that by requiring persons to certify that they are not a minor, or to have a parent or legal guardian agree to the terms to the GPL on their behalf, Corel has changed the terms of the GPL. This is not the case. The GPL does not require distributors of GPL software to make copies of the software available to all persons. Rather, it requires that all persons to whom copies of GPL software are distributed be granted the right to copy, distribute and/or modify the software. As a result, a distributor of GPL software can restrict the availability of its distribution to, among other things, persons in a particular territory, persons who have paid a fee or persons who are above a certain age; provided that all persons to whom copies of the software are distributed are not restricted from making, distributing and/or modifying copies of the GPL software. The Corel EULA expressly states that the use of GPL software included in Corel LINUX is governed by the terms of the GPL. As a result, every person to whom Corel distributes a copy of GPL software is entitled to copy, distribute and/or modify such software in accordance with the terms of the GPL. Does Corel not want minors to use its software? It is not Corels intention to prevent minors from using Corel LINUX. Corel recognizes that some of the keenest users of Linux are individuals who fall within this category and hopes that Corel LINUX is used by persons of all age. Corel simply wants to ensure that if a minor wishes to use the software, his or her parent or legal guardian accepts the terms of use on his or her behalf. As stated above, this is the best way to ensure that the disclaimer of warranties made by contributors of the GPL software is effective and to ensure that users of GPL software continue to make their improvements to GPL software available for use by others. We trust that this explanation adequately addresses the concerns voiced by many of you and thank those who have brought their concerns to our attention. -- The address in the headers is not the poster's real email address. Do not send private mail to the poster using your mailer's "reply" feature. CC's of mail to mailing lists are OK. Problem reports to "[EMAIL PROTECTED]". The poster's email address is "[EMAIL PROTECTED]".
