| From: | Holger Pietsch |
| Date: | 30 Sep 2000 at 09:15:56 |
| Subject: | Re: AMIOPEN: New License Text Available |
On 30-Sep-00, Deryk Robosson wrote:
> That is all fine and dandy, but uhm..unfortantely your legal team could
> not make that stick in any court of law. The only one they could would be
> the one that the end user agreed to upon installation.
>
In German law an agreement is only made if both parties have the chance to
notice about the conclusion. Therefore if a user clicks on "Agree" below that
tons of text on a program installation (usually under windows) it has no value
as this acknowledge is never sent back to the software company.
Even if the author would put code into the installation procedure to send it
back it would have no value because the user did not expect that.
(The fact that no-one really reads that (sometimes 1000 lines of) text and
simply clicks on "Agree" to continue installation makes the agreement invalid.)
So, at least in Germany, these agreements at installation could be omitted.
regards
Holger
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