Re: vogons vs turlettes

["Quantum_Cat" <anonymous@cotse.com>]

Hiya, Paul.

 *>In article <8lfmk7$dj3$1@nnrp1.deja.com>,  <bobryan9@my-
deja.com> wrote:
 *> 
 *>> Yeah, get freeware and shareware from the legal sites.  
Get
 *>> non-reclassified software from the used market
 *> 
 *>That's not always legal.....
 *> 
 *>The license agreements of some pieces of software 
explicitly forbids
 *>reselling it in the used software market.  Buying such 
software from the
 *>used market is therefore illegal.  To be sure you're not 
doing something
 *>illegal, you must read the license agreement of any piece 
of software before
 *>you buy it from the used market.  If the license agreement 
is lost, you'd
 *>better refrain from buying that piece of software from the 
used market, or
 *>else you're running the risk of becoming a criminal 
without being aware of
 *>it....
 *> 

John and I have been discussing this very matter.  If you 
have any light to shed on the matter, it would be 
appreciated.

Apparently different sources claim different interpretations 
about the enforciblility of these agreements.  Can you cite 
evidence?

 *>Yep -- if you want to be absolutely sure you're not doing 
something illegal,
 *>you have to follow th above procedure.
 *> 
 *>> or go without it.
 *> 
 *>THAT is certainly legal...

;)

I did find the following at:

http://www.library.yale.edu/~llicense/uccspeech.html  

which states...

"Shrink-wrap licenses are the licenses that typically 
accompany a piece of software and state that if you open the 
shink-wrap or break the seal on the software envelope you are 
bound by the terms of the license whether or not you had a 
chance to read the whole agreement. Most of the courts that 
have reviewed such contracts have concluded that they are not 
valid because they do not reflect a true meeting of the minds 
between the parties since the license couldn't be reviewed 
and agreed to before the software was purchased. One court -- 
the seventh circuit -- has endorsed such licenses, 
essentially because once the box was opened the purchasor 
could have rejected the terms of the license and taken the 
software back for a refund."

so apparently the jury is still out as of 1997.

Of course, things may be different in Sweden.  ;)

Vogons For a Turlette Free Apple II Community!

Quantum_Cat