On 1/12/06, Alexander Terekhov <[EMAIL PROTECTED]> wrote: > On 1/12/06, Andrew Suffield <[EMAIL PROTECTED]> wrote: > > On Wed, Jan 11, 2006 at 09:44:32PM +0000, Daniel Carrera wrote: > > > Is there any way out of this? I'm not modifying the source at all. I > > > just download the tar.gz file and put it on a CD.
http://www.nysd.uscourts.gov/courtweb/pdf/D02NYSC/01-07482.PDF "Netscape argues that the mere act of downloading indicates assent. However, downloading is hardly an unambiguous indication of assent. The primary purpose of downloading is to obtain a product, not to assent to an agreement. ... Netscape's failure to require users of SmartDownload to indicate assent to its license as a precondition to downloading and using its software is fatal to its argument that a contract has been formed." > > > Does this clause mean that everyone who is giving out OpenOffice or > > > Knoppix CDs is breaking the law? > > > > You aren't required to give copies of the source to > > everybody. However, if somebody gives you a Knoppix CD, and you ask > > for the source, and they *refuse* (and don't exercise any of the other > > options either), then they would be breaking the law. > > Bullshit. Go read 17 USC 109. That's the law. http://cryptome.org/softman-v-adobe.htm) cited Specht v. Netscape, BTW. Read it. regards, alexander.
