[#14682] - Install from web message
- Closed
- 14 Jun 2017
- Medium
- Build: staging
- # 14682
- Diff
- brianteeman:install_from_web
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Change from Now to is - its no longer a new thing
Remove the "and all applicable third party license terms." because no one has a clue what this refers to and anyway you cant agree to terms that you can not see
Pull Request for Issue #14672 .
| Status | New | ⇒ | Pending |
joomla-cms-bot
- | Category | ⇒ | Administration Language & Strings |
I have tested this item
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| Status | Pending | ⇒ | Ready to Commit |
RTC
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| Status | Ready to Commit | ⇒ | Needs Review |
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Bumping to Needs Review.
I went back to my email from 2013 and I've got a couple of threads from the board at the time communicating with the legal team and the terms piece seems to be discussed in that thread. I'm going to read over that again and try to make complete sense of this with a fresh mind.
This comment was created with the J!Tracker Application at issues.joomla.org/tracker/joomla-cms/14682.
FWIW, the last message I got on the topic was this:
The following text was just approved by our lawyers:
The Joomla! Extensions Directory (JED) is now available with Install from Web on this page. By clicking "Add Install from Web tab" below, you agree to the JED Terms of Service, and all applicable third party license terms.
[Add "Install from Web" tab]
(Italicized text represents text which was to be linked, as is done now)
Maybe that lawyer had no clue or just wanted to be on the save side?
No, they were very well informed. That comes at the tail end of a multi-week thread.
Still, the points from Brian are valid. You can't accept "applicable third party license terms" if you have no clue which they are. So it at least has to be clarified somehow (eg having a link which states those licenses).
Otherwise I doubt it can have any juristical relevance.
Maybe that needs to be checked with lawyers again, but imho common sense could apply here
Hence the reason a question has been raised. All I know is during the initial review that was the text we were given and now (years later) a fresh question about it for a fresh set of eyes can be answered.
I was, as my memory services me, not in the debate at the time, but i will try and clarify.
The reason why it's formulated as "applicable third party license terms" and you approve to take on that risc yourself, even when you dont know it, is to make sure joomla is 100% free of risc.
So it's going in with safety belt and goggles at once - and that's why the lawyer has formulated it like this.
Install from web still constitutes Distribution, and that is why that passage is needed.
it is well established in law in both the usa and europe that if you ask someone to agree to terms and conditions without them being able to check the terms and conditions then they are legally invalid and the user can not be held to the terms and conditions.
What was the 'Lawyers' thought on this? Did we get legal confirmation?
I think my original message got lost in the abyss. Let me go back and find it and bring it up again.
| Status | Needs Review | ⇒ | Closed |
| Closed_Date | 0000-00-00 00:00:00 | ⇒ | 2017-06-14 19:53:38 |
| Closed_By | ⇒ | brianteeman |
I have tested this item✅ successfully on bae647d
Thank you
This comment was created with the J!Tracker Application at issues.joomla.org/tracker/joomla-cms/14682.