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free-software licenses vs. EULAsfree-software licenses vs. EULAsPosted Aug 23, 2008 16:45 UTC (Sat) by giraffedata (subscriber, #1954)In reply to: free-software licenses vs. EULAs by stevenj Parent article: Why the JMRI decision matters
You are required to accept a unilateral license only if you want to do things that are forbidden by copyright law but which are permitted by the license. You may have missed the essence of the acceptance distinction between contract and license. There's a legal concept of accepting a contract. Acceptance is an identifiable event -- a court can determine the moment that it happened. It's something the acceptor does, such as writing his name on a piece of paper or clicking a mouse, that indicates the acceptor's intent to form a contract. There is no such acceptance of a license. You aren't required to accept one ever. You can't reject one.
if you redistribute the software, then you are either violating copyright law or you accepted the license.I would say, "you are either violating copyright law or you are taking advantage of the license." The End User License Agreement, which is a contract in which the user promises things in exchange for a copyright license, obviously touches both worlds.
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