[E-voting] Source Code

Fergal Daly fergal at esatclear.ie
Mon Mar 22 10:21:13 GMT 2004


On Mon, Mar 22, 2004 at 09:17:27AM +0000, Patrick O'Beirne wrote:
> At 22:19 21/03/2004, Aengus Lawlor wrote:
> >As for them changing the license terms, let them. What are they going to
> >do, sue us in an Irish court for going ahead and using it under the old
> >terms?
> 
> Yes, if the terms include their ability to vary the terms at any time and 
> the only option the licensee has is to pay up or stop using the software.

DOEHLG are foolish but even they cannot be foolish enough to accept terms
like that. This is commerical software with bespoke modifications and source
code held in escrow. The fact that it's in escrow means they have some clue
at least.

The Revenue example is for a free service provided through a website. You
get to use it by agreeing to their terms every time you use it. They are
simply warning you that this is the case and that you shouldn't assume the
terms will stay the same forever. This is not a contract.

Also, to be a valid contract, it must satisfy certain conditions. If the
contract contains "this contract is subject to change at any time, in any
way and you have no choice" then that's probably not a valid contract at
all. A contract must be reasonable and it must be understood by both
parties. A contract that can change willy nilly can't satisfiy either of
these,

F




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