[CrackMonkey] libertarian wanker nonsense
dep at drippingwithirony.com
Sun Feb 10 10:18:18 PST 2002
begin Mikael Pawlo's quote:
| However, I think people are aware that there are agreements
| regulating the use of computer programs. Thus, the agreements will
| bind a user. If such agreements have very harsch terms, the terms
| need to be clearly introduced to the user - in most jurisdictions
| if not all - in order to be enforceable. The GNU GPL will not be
| hed unenforceable in most jurisdictions just on the ground that it
| is a shrinkwrap agreement. However, some clauses in the GNU GPL
| might - in some jurisdictions - not be upheld by a court, while the
| clauses are to far-going to be put in a shrinkwrap. But that is
| just pure speculation.
i largely agree. but there are some provisions -- the nai
non-criticize, the xp "we can do with your computer anything we want"
-- that even if enforceable would present such a public relations
nightmare that any victory would be phyrric.
and i wonder -- speculating here, too -- whether someone might achieve
courtroom success with a defense comprising "hey, it's free -- who'd
have thought there was a license?" which addresses (i do not know how
adequately, and so far as i know it's never come up) the expectation
of a license.
There is sobbing of the strong,
And a pall upon the land;
But the People in their weeping
Bare the iron hand;
When they bare the iron hand.
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