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Re: JMRI case -- Implementation of the Federal Circuit's Opinion

From: Rjack
Subject: Re: JMRI case -- Implementation of the Federal Circuit's Opinion
Date: Sun, 11 Jan 2009 08:31:44 -0500
User-agent: Thunderbird (Windows/20081209)

Rahul Dhesi wrote:
Rjack <> writes:

Next thing you know you'll be calling a copyright license a contract:

I'm staying out of this license/contract debate, but since you are not,
how do you justify calling it a contract in the specific case that the
person downloading GPL software hasn't agreed to the license terms?



Acceptance of Offer Defined; Acceptance by Performance; Acceptance by Promise: (1) Acceptance of an offer is a manifestation of assent to the terms thereof made by the offeree in a manner invited or required by the offer. (2) Acceptance by performance requires that at least part of what the offer requests be performed or tendered and includes acceptance by a performance which operates as a return promise. (3) Acceptance by a promise requires that the offeree complete every act essential to the making of the promise.


"Downloading" constitutes "a manifestation of assent".


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