From mboxrd@z Thu Jan 1 00:00:00 1970 Received: from pigeon.gentoo.org ([208.92.234.80] helo=lists.gentoo.org) by finch.gentoo.org with esmtp (Exim 4.60) (envelope-from ) id 1SOE55-0007At-HU for garchives@archives.gentoo.org; Sat, 28 Apr 2012 20:17:23 +0000 Received: from pigeon.gentoo.org (localhost [127.0.0.1]) by pigeon.gentoo.org (Postfix) with SMTP id 8F390E087D; Sat, 28 Apr 2012 20:17:09 +0000 (UTC) Received: from mail-bk0-f53.google.com (mail-bk0-f53.google.com [209.85.214.53]) by pigeon.gentoo.org (Postfix) with ESMTP id B4628E07BE for ; Sat, 28 Apr 2012 20:16:37 +0000 (UTC) Received: by bkcjk13 with SMTP id jk13so1338235bkc.40 for ; Sat, 28 Apr 2012 13:16:36 -0700 (PDT) DKIM-Signature: v=1; a=rsa-sha256; c=relaxed/relaxed; d=gmail.com; s=20120113; h=mime-version:sender:in-reply-to:references:date :x-google-sender-auth:message-id:subject:from:to:content-type; bh=KQUTVn7aIUT5Q2ABMX0aUR+frmyJFKum2LGjuK889Pc=; b=ZezwE+UPpSE7V4BXUCEvuXxfC53hD8EzgzVZedf0SjAPy1Sa9Twy+Jxrwqo5h3TCrs fcN1XkUnOW2w1dMMpf/L3BBWs7fF5gfuB/R6ww1V3+Kd/EqSdedzWEz9y5ppusdXTV17 RpGPGcdyZP1bl7+vOv1hY7R9hoGwZroHuZ10Gciu0bVLMz3zVfikAFGYgB183IBzXqvG TJ0RvvNG3KpFyeJJB6OaU4zsY2BfVcuNv6P7Teyd1zj3yChN8vEdmAN9RbID08zE2+nv 6z+No8D1TNLQbqzhLmV4grTRtbdZH7QlNS68+5TKnJpLF7Ck8rezOqwCeSSzRB8rjanA BK9A== Precedence: bulk List-Post: List-Help: List-Unsubscribe: List-Subscribe: List-Id: Gentoo Linux mail X-BeenThere: gentoo-dev@lists.gentoo.org Reply-to: gentoo-dev@lists.gentoo.org MIME-Version: 1.0 Received: by 10.204.156.141 with SMTP id x13mr5168497bkw.50.1335644196749; Sat, 28 Apr 2012 13:16:36 -0700 (PDT) Sender: freemanrich@gmail.com Received: by 10.204.226.77 with HTTP; Sat, 28 Apr 2012 13:16:36 -0700 (PDT) In-Reply-To: References: <1335519028-sup-4124@raeviah> <1335526185-sup-4610@raeviah> <1335534186-sup-3638@raeviah> <20120427143405.GA20829@linux1> <1335538634-sup-7655@raeviah> Date: Sat, 28 Apr 2012 16:16:36 -0400 X-Google-Sender-Auth: ObgDmLFWlL3CEtZd4AuMp2_9M2E Message-ID: Subject: Re: [gentoo-dev] Re: New license: yEd Software License Agreement From: Rich Freeman To: gentoo-dev@lists.gentoo.org Content-Type: text/plain; charset=ISO-8859-1 X-Archives-Salt: 6fd907b5-4d93-4be7-8972-b1347acd520c X-Archives-Hash: c16cf2b18b514c5a34baeb20a1f9db79 On Sat, Apr 28, 2012 at 2:53 PM, Alec Warner wrote: > That doesn't mean you didn't / cannot accept, merely that some (all?) > provisions are likely unenforceable in a court of law. I don't think > EULAs have been ruled illegal yet. I doubt that my proclamation that you aren't allowed to eat breakfast has been ruled illegal yet either. Fortunately that has no bearing on whether you need to listen to me. :) Oh, and I also proclaim that you accept my proclamation by choosing to eat your next meal. Fortunately in reality that has no bearing on whether you accept my agreement either. Just because a publisher says that the terms of a contract of adhesion are binding on you by virtue of your taking some action does not make it so. Courts have ruled inconsistently on whether EULAs can be enforced. Then again, Missouri is one of those places where courts have ruled that software is not sold but licensed, and the Foundation is incorporated there (as well as in New Mexico). So, perhaps there is some element of risk here, though I'd have to read the court decisions to see whether the fact that the software is free impacts the enforcability of the EULA. That makes me wonder whether we should consider more carefully where we incorporate - if it makes us more subject to local jurisdiction it probably isn't a good idea to incorporate in multiple jurisdictions since it allows a potential plaintiff to venue shop. Rich