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Re: When is a GPL program which runs in a web site 'conveyed'?

From: Hyman Rosen
Subject: Re: When is a GPL program which runs in a web site 'conveyed'?
Date: Thu, 10 Jul 2008 09:35:06 -0400
User-agent: Thunderbird (Windows/20080213)

David Kastrup wrote:
People have tried backing out of the shrink-wrap of bundled OEM Windows.
More often than not, it takes considerable hassle and going to court.

That's because they're buying a bundle, which isn't necessarily
separable into parts. They would have much less trouble returning
the entire system for a refund, and that's what they should do if
they don't want to accept the terms on which it is offered. They
should not expect to be able to buy a computer system and start
returning disassembled parts of it for a refund, say the floppy
drive or the keyboard, and the software it comes with is that way
as well. It just happens that the terms under which the software
was offered were written inartfully without the OEMs in mind. I
expect that has changed by now.

They would have better luck returning a software product purchased
separately. Even then, if it turns out that they knew the terms
ahead of time and were just buying it with the intention of
returning it in order to cause trouble for the manufacturer, I
expect that courts would not look kindly upon them. The law is not
a computer or mathematical system - intentions and interpretations
count for a lot.

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