Re: List other downloads on winehq

On Wed, 21 Apr 2004 02:22, Ivan Leo Murray-Smith wrote:
> > Yes, I "accept" the TOS by clicking yes or whatever.
> >
> > But in Sweden that yes click is not a valid agreement with any juridical
> > counterpart and
> > whatever it says can be ignored.

> So you have no legal permission to download the software, so you're copying
> it illegally. When you download something, it's as if you copied some text
> out of a book without the permission of the author, if you don't have a
> written permission to do so, you're downloading illegally.

It also seems unlikely to me that Continental law would not recognise an 
online agreement. Under Common Law, this particular agreement would be 
recognised, because there has been communication of agreement, and the 
agreement is made before the transfer of the software so there is valid 
consideration.

That's the situation for click-through agreements on web sites - likely to be 
binding in almost any jurisdiction with modern (that is, since 1804 on the 
Continent, and slightly earlier in Common Law places) contract law.

Click-through agreements on installation of the software from a CD are 
different, and more likely not to be binding (although they *are* binding in 
some states of the US).