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From: Dave Searles on 28 Sep 2009 17:57 Raffael Cavallaro wrote: > On 2009-09-28 13:09:03 -0400, Kaz Kylheku <kkylheku(a)gmail.com> said: > >> 1. The user in question has not entered into any formal contract with the >> copyright holder. > > This is where you go wrong. It's only possible to install the software > via the downloaded installer. The installer won't run until you click > the "Agree" button, agreeing to the license (which I've been quoting > from). There are at least two problems with considering this act to form a contract. 1. It's an affirmation to a fairly stupid piece of computer code, not a person, and there are no witnesses to say you didn't manually extract the binary and manually install it without even running the installer. The main point, though, is that an installer or other piece of software can't enter into a binding contract with a human being, even if it apes the action of doing so. 2. By the time you even HAVE the installer you ALREADY have a lawfully-obtained copy of the software. The copyright holder has no legal basis for being able to prohibit or attach conditions to installation after that fact, explicitly under Title 17 Section 117 (a) (1) of the US Code. Which means the "contract" has no consideration -- you already have a right to install it as soon as you lawfully obtained a copy, and the right to install it is all that is being offered in exchange for accepting a bunch of restrictions that otherwise would not apply. That's like if I "contracted" to let you keep (i.e. to not steal) jewelry you already owned in exchange for your paying me some money. Where I come from there's a name for that: extortion. It's called the protection racket. And it sure as hell ain't legal.
From: John Thingstad on 28 Sep 2009 18:40 P� Mon, 28 Sep 2009 23:35:39 +0200, skrev A.L. <alewando(a)aol.com>: > On Fri, 25 Sep 2009 04:48:02 -0700 (PDT), gnubeard > <gnubeard(a)gmail.com> wrote: > >> For those annoyed with the 5-hour timeout in LispWorks Personal >> Edition: >> > > This is simply stealing somebody's property. > > A.L. You seem to have some very delusional ideas about what constitutes stealing. I might recommend going with Clozure CL instead, but... If he thwarted the licensing system (With a license generator or the like) and distributed that, that would be a clear violation. Messing with the system time and at the same time making all the time functionality useless is silly, but hardly criminal. Your black and white interpretation of the world just makes you sound like a idiot.. (In my eyes.) -------------- John Thingstad
From: A.L. on 28 Sep 2009 21:39 On Tue, 29 Sep 2009 00:40:18 +0200, "John Thingstad" <jpthing(a)online.no> wrote: >P� Mon, 28 Sep 2009 23:35:39 +0200, skrev A.L. <alewando(a)aol.com>: > >> On Fri, 25 Sep 2009 04:48:02 -0700 (PDT), gnubeard >> <gnubeard(a)gmail.com> wrote: >> >>> For those annoyed with the 5-hour timeout in LispWorks Personal >>> Edition: >>> >> >> This is simply stealing somebody's property. >> >> A.L. > >You seem to have some very delusional ideas about what constitutes >stealing. >I might recommend going with Clozure CL instead, but... >If he thwarted the licensing system (With a license generator or the like) >and distributed that, that would be a clear violation. >Messing with the system time and at the same time making all the time >functionality useless is silly, but hardly criminal. >Your black and white interpretation of the world just makes you sound like >a idiot.. (In my eyes.) > >- This is your interpretation. It is amazing how many people represent Bolshevik mentality. Posting advice how to break manufacturer's protection is more or less the same like posting advice how to drive neighbor's Mercedes using screwdriver. Well.... For iPod generation even wives will be common. As Vladimir Ilych Lenin predicted. If you don't like break after 5 hours, porchase full version. If not, not be surprised if after some time manufacturer will go belly up. They pay their espenses selling software. No income, no software. This is that easy. A.L.
From: A.L. on 28 Sep 2009 21:42 On Mon, 28 Sep 2009 20:39:41 -0500, A.L. <alewando(a)aol.com> wrote: >On Tue, 29 Sep 2009 00:40:18 +0200, "John Thingstad" ><jpthing(a)online.no> wrote: > >>P� Mon, 28 Sep 2009 23:35:39 +0200, skrev A.L. <alewando(a)aol.com>: >> >>> On Fri, 25 Sep 2009 04:48:02 -0700 (PDT), gnubeard >>> <gnubeard(a)gmail.com> wrote: >>> >>>> For those annoyed with the 5-hour timeout in LispWorks Personal >>>> Edition: >>>> >>> >>> This is simply stealing somebody's property. >>> >>> A.L. >> >>You seem to have some very delusional ideas about what constitutes >>stealing. >>I might recommend going with Clozure CL instead, but... >>If he thwarted the licensing system (With a license generator or the like) >>and distributed that, that would be a clear violation. >>Messing with the system time and at the same time making all the time >>functionality useless is silly, but hardly criminal. >>Your black and white interpretation of the world just makes you sound like >>a idiot.. (In my eyes.) >> >>- > >This is your interpretation. It is amazing how many people represent >Bolshevik mentality. > >Posting advice how to break manufacturer's protection is more or less >the same like posting advice how to drive neighbor's Mercedes using >screwdriver. > >Well.... For iPod generation even wives will be common. As Vladimir >Ilych Lenin predicted. > >If you don't like break after 5 hours, porchase full version. If not, >not be surprised if after some time manufacturer will go belly up. >They pay their espenses selling software. No income, no software. This >is that easy. > >A.L P.S. Opss... I forgot. Quote: "Your black and white interpretation of the world just makes you sound like a idiot.. (In my eyes)" The same about you A.L.
From: Raffael Cavallaro on 29 Sep 2009 00:20
On 2009-09-28 17:57:34 -0400, Dave Searles <searles(a)hoombah.nurt.bt.uk> said: > There are at least two problems with considering this act to form a contract. Federal Courts have considered these "problems" and rejected them. Click-through EULAs have been held to be valid, enforceable, licenses. -- Raffael Cavallaro |