[vlc-devel] vlc: Windows install and GPL dialog box - unfortunate "I agree" button

[xxcv]

Jari Aalto wrote:
> ""=?iso-8859-1?q?R=E9mi?=" Denis-Courmont" <rem at videolan.org> writes:
>
>   
>> On Friday 27 March 2009 23:39:35 Jari Aalto wrote:
>>     
>>>> We need to present the disclaimer of warranty... which is part of the
>>>> license. We don't want to end up being sued for breaking someone's else
>>>> computer.
>>>>         
>>> Please read my post. The dialog can be presented, it's the button text
>>> that needs change. Simply make it say:
>>>
>>>     [Next]
>>>
>>> Instead of:
>>>
>>>     [I agree]
>>>
>>> As done in the links I presented.
>>>       
>> The user must agree to the disclaimer. If not, (s)he has no copyright license, 
>> and is hence not allowed to use the software. I do not see a problem here.
>>     
>
> Incorect interpretation. GPL is not EULA. GPL'd software cannot be
> denied from any use.
>
> The GPL gives rights, it does not take or restrict rights, thus it
> cannot be denied or agreed on. E.g. the installation cannot be stopped
> or prohibited by the program whether the user denies or agrees with the
> GPL. The installation phase has no legal meaning in context of GPL,
> because GPL'd software can be installed by other means, like from
> sources, where there is no click'n'tru to see the license. The license
> is distributed *with* the software, not *for* the user.
>
>     the authors of the GPL claim it is NOT a contract, but rather a
>     grant/license.
>     http://thread.gmane.org/gmane.linux.debian.devel.legal/20469/focus=20510
>
> GPL is copyright act. The contract does not happen between the
> clicker/End used and the Dialog box / Software Authors. It does not
> matter whatever text, like "I agree" is presented there.
>
> It is ok to make user aware of the terms the software is distributed
> under, especially that it gives *him* certain rights. Therefore the
> simple button text:
>
>     [Next]
>
> It all that is needed.
>
> The "I agree" is misleading in any case. It does not have any legal
> substance. It does not protect the developers any more than a "I'm happy
> today" button. GPL already does that by itself when it is distributed
> *with* the software, even when user would not see it.
>
>   
Lets put it this way "I agree" probably means users should acknowledge 
that this
IS FREE software and blah blah ... or it can mean I agree that this 
piece of software
is GPL.
It depends on how you would interpret "I agree"...

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