On Tue, Jul 12, 2005 at 10:23:14PM -0500, Christofer C. Bell wrote:
> So what you're saying is not that the contents of the license are the
> problem, but that fact that the user is required to acknowledge that
> the license has been displayed to them is the burdensome requirement? 
> Is that right?

Not exactly.  Displaying one or two click-wraps isn't (too) onerous.
Displaying a hundred is (eg. a Linux distribution).  If I port the
software to a system with a limited display (eg. an ethernet switch
or a wristwatch), click-wrap is impossible.  (Normally, I'd just print
out the license and include it in the documentation in that case.)

The problem is that a click-wrap license (or at least, the kind of
click-wrap license I'm concerned with here) would say something like
"you must ensure that all recipients are displayed this license and
click a [yes, I agree] button before sending/installing/running this
software", and that's overly burdensome.

(Part of the reason this tangent is difficult to discuss is because,
as far as I know, there have been no click-wrap licenses posed to
d-legal, so we don't have anything concrete to analyze and we're
debating entirely in theoreticals.  It might be best to shelve this
discussion until one comes along.)

-- 
Glenn Maynard


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