Accepting the GPL

Under contract law, a contract is not properly formed unless the parties to the contract manifest their assent to being bound by it. Such assent is traditionally manifested by signatures on a license agreement, a technique that is not appropriate for mass-marketed software distributed at retail stores or over the Internet.

For software downloaded from the Internet, distributors generally require a click-wrap form of assent. Before they can download the software, prospective licensees are presented with the license and are given a chance to “Click to Agree.” Only those who manifest their assent by clicking are allowed to download the software. Courts have also blessed this procedure under contract law.

For retail store purchases, ...

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