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Re: [BUG] TortoiseSVN installer - GPL is not an EULA

From: Simon Large <simon.tortoisesvn_at_gmail.com>
Date: Mon, 21 Mar 2011 14:38:48 +0000

On 21 March 2011 12:54, Jari Aalto <jari.aalto_at_cante.net> wrote:
> 2011-03-21 07:48 Dmitry <wipedout_at_yandex.ru>:
> | Hey.
> |
> | 20.03.11, 12:01, "Jari Aalto" <jari.aalto_at_cante.net>:
> |
> | >  There is one problem: a dialog box is presented requiring to accept
> | >  GPL license before the software can be installed. This is misleading
> | >  and incorrect use of GPL.
> | How should the developer present the disclaimer then? That dialog
> | present the GPL text along with the disclaimer. "I agree" mostly
> | belongs to the disclaimer. The purpose of the disclaimer is to shield
> | the developers from liability in case the program malfuncitons and
> | causes any unintended negative consequences. How should such shielding
> | be done without the "I agree"-kind click-through?
> It's not about displaying. That's fine. The problem is "I agree".
> You are not allowwed to deny user to install and use the software; as it
> happens now. You *deny* the install if you don't select "I agree". GPL
> forbids this kind of denial:

No it doesn't. Look at the GPL FAQ:
"Can software installers ask people to click to agree to the GPL? If I
get some software under the GPL, do I have to agree to anything?"
"Some software packaging systems have a place which requires you to
click through or otherwise indicate assent to the terms of the GPL.
This is neither required nor forbidden. With or without a click
through, the GPL's rules remain the same."

And as has already been stated, "I agree" applies to the text in the
panel above which, if you bothered to read it, is NOT the text of the
GPL itself. It tells you that the product is licensed under GPL and
then asks you to accept the warranty clause.


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Received on 2011-03-21 15:38:51 CET

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