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- Path: daily-planet.execpc.com!usenet
- From: jeffsj@execpc.com (Jeffery S. Jones)
- Newsgroups: comp.sys.newton.misc,comp.sys.amiga.applications
- Subject: Re: Users are selfish Was Re: crippled software
- Date: 15 Mar 96 09:32:51 +0000
- Organization: Exec-PC BBS - Milwaukee, WI
- Message-ID: <1991.6648T572T2578@execpc.com>
- References: <4ia7el$knc@news.uni-c.dk>
- NNTP-Posting-Host: metis.execpc.com
- X-Newsreader: THOR 2.22 (Amiga;TCP/IP) *UNREGISTERED*
-
- On 14-Mar-96 22:43:33, Per Jacobsen <perjac@inet.uni-c.dk> wrote:
- >Dan Parvaz (dparvaz@deafnet.com) wrote:
-
- >> My attorney disagrees. Under most s/w license agreements (and use of the
- >> program in question implies agreement to terms of the program's license),
- >> you have a certain period to try the program out before you are obligated
- >> to pay the registration fee.
-
- >You mean this would hold up in your courts? I've always thought it
- >rubbish, it's like me walking up to you and say "If you blink you own me
- >10 dollars", naturally that doesn't work. It takes two parties to make a
- >deal, and just because you write in the docs "If you start the program" i
- >wouldn't call that an agreement, i hope the law doesn't either.
-
- A software license is enforcable in court. However, the so-called shrink-wrap
- licenses -- those that you can only examine AFTER you've purchased the package -
- -- are not likely to hold up. Shareware & commercial site licenses, OTOH, are
- stated upfront, at the time you get to decide if you wish to use the program or
- not. In any case, continued use of copyrighted material without compliance with
- the copyright owner's terms is illegal. You have the right not NOT use the
- software, and thus not be charged for using it. But violating the terms of use
- is the same, legally, as making copies of commercial software for use without
- purchasing that software.
-
- Any licensing must be clearly and readily available and understandable. If
- the license is "attached" to the program, but doesn't make its terms clear to
- you, then you can justifiably say that you didn't know or understand the terms.
- Thus, most shareware has blatant notices of that status, requirements for
- registration, etc., to make sure you are aware of the requirements for legal u.
-
-
- --
- *-__________________________ | *Starfire* | _________________________-*
- Jeff Jones email:jeffsj@execpc.com *//* Amiga Lives!
- *TFG* *Starfire* *Design* *Studio* *\\//* 1985-1994, born again 1995!
- --
-
-