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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 08:43:08 -0500
User-agent: Thunderbird (Windows/20081209)

David Kastrup wrote:
Rjack <> writes:

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


Acceptance of Offer Defined; Acceptance by Performance; Acceptance by
(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
(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".

"in a manner invited or required by the offer".  If you have to click "I
agree" or similar, this might be somewhat debatable.  But most commonly
downloads of GPLed software don't require any such thing.

I have downloaded a _lot_ of software, checked its conditions, and then
removed the software again.  Certainly not a manifestation of assent.

You mean to say "downloading" isn't "required" to download GPL software? Hmmmm.....

Rjack :)

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