User talk:CBeard:Fx2 EULA Requirements

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This is a bad idea. This is necessary for proprietary software, where the EULA makes stronger provisions than copyright law (e.g. no reverse-engineering, etc.). In the case where the EULA is weaker than copyright law (as in MPL or GPL), if the user does not accept the EULA, they are still bound by copyright law, so a click-through license is not required. Basic copyright law gives the user the right to run the software, but not to copy it, or do much else with it. If the user does not accept the EULA, his rights are strictly weaker than under either the MPL or GPL.

See GPL V2, section 5, or GPL V3, section 9. You can also download the speech from Eben Moglen at the unveiling of GPLV3, which is one of the places the legal theory is explained better than I can.

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