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

[Rjack]

Rahul Dhesi wrote:
> Rjack <user@example.net> writes:
>
> > Next thing you know you'll be calling a copyright license a contract:
>
> I'm staying out of this license/contract debate, but since you are not,
> how do you justify calling it a contract in the specific case that the
> person downloading GPL software hasn't agreed to the license terms?

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RESTATEMENT (SECOND) OF CONTRACTS

ARTICLE 50
Acceptance of Offer Defined; Acceptance by Performance; Acceptance 
by Promise:
(1) Acceptance of an offer is a manifestation of assent to the terms 
thereof made by the offeree in a manner invited or required by the 
offer.
(2) Acceptance by performance requires that at least part of what 
the offer requests be performed or tendered and includes acceptance 
by a performance which operates as a return promise.
(3) Acceptance by a promise requires that the offeree complete every 
act essential to the making of the promise.

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"Downloading" constitutes "a manifestation of assent".

Sincerely,
Rjack