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Re: Here are some of my ideas for Fedora 8 and Fedora 9



On Sat, 2007-07-07 at 15:27 -0700, David Boles wrote:
> on 7/7/2007 2:52 PM, Les Mikesell wrote:
> > David Boles wrote:
> > 
> >> Honestly. Just read one of the darn EULAs. Or have an attorney explain it
> >> to you.
> > 
> > You have an extremely one-sided view.  There is no reason to assume that 
> > everything a EULA demands is legal. You may end up in an expensive 
> > lawsuit if you break it, but it's a mix bag who will win.  For example, 
> > if someone sells you a product and demands that you can't resell it, 
> > that demand is not legal:
> > http://www.theregister.co.uk/2001/11/28/us_court_ruling_nixes_software/
> > If they say you can't reverse engineer it, that's still up in the air:
> > http://cse.stanford.edu/class/cs201/projects-99-00/intellectual-property-law/reverse_engineering.htm
> > although the DCMA would apply to some software and change things in 
> > countries that support it.
> 
> 
> First part of the EULA for NERO which came with one of my DVD R/W drives
> 
> <Quote>
> 
> End-User Agreement
> 
> Software Products: Nero Burning ROM, Nero Express, NeroVision Express,
> Nero BackItUp, Nero ShowTime, NeroMIX, Nero Media Player, InCD,
> Nero SoundTrax, Nero Wave Editor, Nero Cover Designer, Nero Toolkit,
> Nero ImageDrive, Nero StartSmart, Nero Recode, EasyWrite Reader ("Software")
> Licensor: Ahead Software AG ("Ahead")
> 
> THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE "END USER", AND AHEAD SOFTWARE
> AG, IM STOECKMAEDLE 18, 76307 KARLSBAD, GERMANY.
> 
> <skip ahead only for brevity for the list>
> 
> 
> A. LICENSE TERMS AND CONDITIONS APPLICABLE TO SOFTWARE ACQUIRED FROM OEM
> PARTNER
> 
> I. Grant of license
> This Agreement permits you to use one copy of the Software acquired with
> this license on any single computer ("OEM License"), provided the Software
> is in use on only one computer at any given time.
> 
> <skip ahead for brevity for the list>
> 
> II. Copyright
> The Software is owned by Ahead or its licensors and is protected by
> copyright laws, international treaty provisions, and other national laws.
> You agree that you have no right, title or interest in the Software,
> except as set forth in Subsection I.
> 
> </Quote>
> 
> It says that you can use the *whole* program. Nowhere does it say that you
> can pick it a part and use the parts.
> 
> The same applies to music CDs. You did not buy the music you bought the CD
> which gives you a license to *play* the music. Only play the music. You
> can not legally copy the music and then sell or give it away. Why? Because
> you own the CD not the contents.
> 
> Same applies to movies. You bought the DVD not the movie.
> 
> 
> But you still have not read a EULA have you? Arguing from ignorance is a
> fools tast.
> 
> So you are telling me that all of the software companies, all of their
> corporate lawyers, the courts, and all world are all wrong? And that you
> are right?
> 
> IMHO - You have the "extremely one-sided view" here. You against the world
> are kinda' steep odds Les.
> -- 
As the nero program itself is an assembly of modules, and you do not use
all of them at once, that doesn't appear to wash.  Also it doesn't say
you are restricted to using it with only one OS, does it?

And note that they say this product is copyright, and thus licensed to
the end user.  Patent law is not mentioned here nor does it apply to
this product.

Regards,
les H


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