FireFox 3 EULA

[Steve Hill]

On Mon, 15 Sep 2008, Joel Rees wrote:

> Did you read it?

Yep.

> Some apps show you a EULA for the GPL when they install. And if you can7t 
> agree to the GPL, you can click disagree and refrain from installing.

The GPL is not an EULA - the end user is not required to agree to it in 
order to use the software.  In fact, requiring the user to agree to any 
licence (GPL or otherwise) before they can use a piece GPLed software is 
itself a breach of the GPL.

> My memory of the FireFox EULA is that it's basically the same thing, but with 
> the Mozilla license.

Again, the Mozilla license is not an EULA - the end user is not required 
to agree to it in order to use the software.

> I don't remember what the name of the 
> group that claims to define open source is, but they also have a bit to say 
> about such things.

The FSF define the four freedoms.  The first of those is "The freedom to 
run the program, for any purpose" which clearly an EULA would prevent 
since it places restrictions on exactly what you can do with the software.

> Sure, a dialogue where you have to click a button that says you read the 
> license is a bit of a pain, and is a bit against the real concepts of freedom 
> of thought, but when we have people who would like to treat all open source 
> and free software licenses like the 1-clause BSD license, it may not be 
> unreasonable for the authors to try to get a little bit in the face of the 
> users about the responsibilities of freedom.

Could you explain what purpose you believe an EULA serves?

Could you also explain how you believe an EULA can be enforcable, given 
that you can never prove someone agreed (maybe they hacked it out of the 
software so they didn't have to click the "I agree" button, or maybe 
someone else or their cat agreed to it).  This isn't some signed bit of 
paper where you can prove that a specific person signed it - it is a 
button on a bit of software which you are assuming a specific person 
clicked without having any evidence to support it.

> If the EULA goes beyond the "approved" free/open versions of the Mozilla 
> license, you may have something to worry about.  Do you think that's the 
> case?

No, the EULA is quite clear that it only applies to the official version, 
which is why IceWeasel isn't covered.

  - Steve
    xmpp:steve at nexusuk.org   sip:steve at nexusuk.org   http://www.nexusuk.org/

      Servatis a periculum, servatis a maleficum - Whisper, Evanescence