Rosen also thinks GPL needs "I agree" click-through
Posted Jul 26, 2004 23:39 UTC (Mon) by stevenj
Parent article: Choosing an open source license (NewsForge)
The same author, Lawrence Rosen, also wrote an article in 2002 claiming that "most open source licenses" are "to be interpreted under contract law" and requires an explicit "manifestation of assent" such as a "click-wrap" button.
This directly contradicts the arguments of Prof. Eben Moglen, Pamela Jones of Groklaw, and others that the GPL is a license, not a contract, so that exercise of any of the licensed rights (beyond the copyright defaults) is assent enough. Not to mention the fact that Rosen's 2002 opinion was apparently just contradicted in a German court.
I have to say that NewsForge op-ed pieces such as this one, and recent ones about the GPL's "unintentional harmful effects" and uninformed articles about the patent process leave me with a low opinion of NewsForge's editors.
to post comments)