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Re: JMRI case -- Implementation of the Federal Circuit's Opinion


From: Rahul Dhesi
Subject: Re: JMRI case -- Implementation of the Federal Circuit's Opinion
Date: Mon, 12 Jan 2009 23:26:59 +0000 (UTC)
User-agent: nn/6.7.0

Rjack <user@example.net> writes:

>>> "Downloading" constitutes "a manifestation of assent".
>> 
>> So if the downloader doesn't know about the license, or knows about it
>> but explicitly refuses to agree to it as he does the download, this is
>> still a manifestation of assent?
>> 
>> Merriam-Webster says assent means "to agree to something especially
>> after thoughtful consideration". Are you using the word with some other
>> meaning?

>If you raise the license as a defense in a copyright infringement 
>action then you "assented" (accepted)...

Ignoring for now the fact that you never stated whether or not you used
the word "assent" with any mesaning other than the one provided by
Merriam-Webster:

I find your reasoning fascinating. If the downloader doesn't know about
the license or doesn't agree to it, then it seems that at the time of
the download, at least, there is no assent and contract.

But later, if the downloader is sued and raises the license as a
defense, then we go back in time, and decide that at the time of the
download he did "assent" and that a contract had actually formed?
-- 
Rahul
http://rahul.rahul.net/


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