Re: Building An Apple ][ Software Archive

[pausch@saafNOSPAM.se (Paul Schlyter)]

In article <39D0AB4D.C0DBFDF3@inetnebr.com>,
Roy and/or Janet Miller  <millers@inetnebr.com> wrote:
 
> Phoenyx wrote:
> 
>> Many vendors did supply a non transferable notice in their copyright
>> notices. Many people tend to overlook these. While some software will
>> allow itself to be transferred (complete with all materials) other will
>> not allow for transferal of any sort. Which would also include resale
>> via any means.
>>
>> I have heard that some of these clauses have been dismissed in courts.
>> This would tend to limit the usefulness of many EULA licenses legally
>> and be only binding to those people of certain moral character who hold
>> themselves as bound to these terms.
> 
> Hi. I guess I've been accused of being a vogon from time to time. But if
> someone compelled me to sign a license that has been declared to be an
> illegal infringement on my rights, I personally wouldn't feel compelled.
> Please keep in mind, that my personal standard is that if you make a
> promise, even if it causes financial loss you should keep that promise (Ps
> 15, and elsewhere), but an illicit promise compelled would be a different
> story I would think.
 
I'm sorry, but promises cannot override the law.  If someone wants
you to make a promise which would be an illegal infringement on your
rights, you could make that promise and that person would still be
unable to legally enforce your promise.  An extreme example: if I
promised you, in writing and in front of witnesses, that you could kill
me anytime you wanted to, you would still be unable to do it legally.
 
-- 
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