Noah silva on Wed, 24 Apr 2002 13:01:19 -0400


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Re: [PLUG] Interesting thread on SEUL-EDU mailing list...


Two comments here:
a.) About Shrink-wrap license agreements
 1.) They have been found to be unenforcible in many cased and have at
least questionable legal status.
 2.) One reason for 1 is that they can easily be considered "contracts of
adhesion", another is because you don't even see the terms until you get
the software home, a third is because you can't contract away your basic
rights, and a fouth is that because a contract which is against the public
good is not legal or enforcible.
b.) you do NOT have to agree to GPL in order to use GPL software or
install it, just if you want to distribute modifications of it.  I noticed
that the GIMP for Win32 installer makes you agree to it!  I meant to send
the author of the installer an email about that but I havn't yet.

 -- noah silva 

On Wed, 24 Apr 2002, Kyle R . Burton wrote:

> > > MS has the power to force an audit through the BSA.  Since most school 
> > > districts are run/owned by local government, that gives the BSA more 
> > > leagal/political power over school districts.
> > 
> > Any idea what gives BSA any legal power in the first place?
> 
> MS software comes with a license agreement -- by virtue of agreeing to the
> license for the operating system, I think you've agreed to grant MS, or a
> third party on their behalf, the right to audit you for compliance.
> 
> Actualy, there was an article recently by the FSF that talked about one
> of the core differences between propritary software and OSS.  With
> propritary software, copyright didn't give corporations enough control
> over end users (copyright allows for some things under fair use that
> corporations would rather that you didn't do).  A license argeement goes
> above and beyond copyright, taking away some of the rights granted to you 
> by copyright.  OSS is not licensed in any way -- a user does not agree
> to any license when using OSS.  There is a copyright with OSS (the GPL
> in many of the pertinent cases), which constrains what you can do in
> the event that you want to change and distribute the source code -- but
> it says nothing about how you otherwise use the software.
> 
> 
> 
> I'm glad to see this sparked some discussion.  Thanks for talking
> about it.
> 
> Kyle
> 
> -- 
> 
> ------------------------------------------------------------------------------
> Wisdom and Compassion are inseparable.
>         -- Christmas Humphreys
> mortis@voicenet.com                            http://www.voicenet.com/~mortis
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