Steve Hill wrote:
On Mon, 15 Sep 2008, Joel Rees wrote:
Did you read it?
Yep.
Some apps show you a EULA for the GPL when they install. And if you
can7t agree to the GPL, you can click disagree and refrain from
installing.
The GPL is not an EULA - the end user is not required to agree to it in
order to use the software. In fact, requiring the user to agree to any
licence (GPL or otherwise) before they can use a piece GPLed software is
itself a breach of the GPL.
IANAL, however, this doesn't sound right. I can GPL my stuff,
and still have a EULA. I just have to be willing to supply source.
Most software comes with a disclaimer insisting that the author
is not responsible for damages and that the user indemnifies the
author.
[...]
The FSF define the four freedoms. The first of those is "The freedom to
run the program, for any purpose" which clearly an EULA would prevent
since it places restrictions on exactly what you can do with the software.
No. For example, even with GPL, it's normal for people to insist that
their software is not being released for purposes of helping commit
crimes. For example, some software which rips CDs include EULAs that
prohibit the use for duplicating CDs except for personal "fair use"
type application.
[...]
Could you explain what purpose you believe an EULA serves?
They serve multiple purposes, among them protection of the
author from being implicated in crimes, or exposing himself
to lawsuits.
Could you also explain how you believe an EULA can be enforcable, given
that you can never prove someone agreed (maybe they hacked it out of the
software so they didn't have to click the "I agree" button, or maybe
someone else or their cat agreed to it). This isn't some signed bit of
paper where you can prove that a specific person signed it - it is a
button on a bit of software which you are assuming a specific person
clicked without having any evidence to support it.
This is a grey area which has, AFAIK, never been fully explored.
[...]
Mike
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