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Re: GPL and other licences
From: |
Alexander Terekhov |
Subject: |
Re: GPL and other licences |
Date: |
Mon, 06 Feb 2006 17:46:54 +0100 |
Rui Miguel Silva Seabra wrote:
[...]
> The thing is that the copyright licenses of software like Microsoft
> explicitly say you have to have one license per computer. Now... if they
> were only stating copyright law, would they have to do that?
What they are stating is this: (MS EULA)
----
* Installation and use. You may install, use, access,
display and run one copy of the Product on a single
computer, such as a workstation, terminal or other device
("Workstation Computer"). The Product may not be used
by more than two (2) processors at any one time on any
single Workstation Computer. You may permit a maximum
of ten (10) computers or other electronic devices (each
a "Device") to connect to the Workstation Computer to
utilize the services of the Product solely for File and
Print services, Internet Information Services, and remote
access (including connection sharing and telephony
services). The ten connection maximum includes any
indirect connections made through "multiplexing" or other
software or hardware which pools or aggregates
connections. Except as otherwise permitted by the
NetMeeting, Remote Assistance, and Remote Desktop
features described below, you may not use the Product
to permit any Device to use, access, display or run other
executable software residing on the Workstation Computer,
nor may you permit any Device to use, access, display,
or run the Product or Product's user interface, unless
the Device has a separate license for the Product.
[...]
* Storage/Network Use. You may also store or install a copy
of the Product on a storage device, such as a network
server, used only to install or run the Product on your
other Workstation Computers over an internal network;
however, you must acquire and dedicate an additional
license for each separate Workstation Computer on or
from which the Product is installed, used, accessed,
displayed or run. A license for the Product may not be
shared or used concurrently on different Workstation
Computers.
[...]
4. TRANSFER-Internal. You may move the Product to a different
Workstation Computer. After the transfer, you must
completely remove the Product from the former Workstation
Computer. Transfer to Third Party. The initial user of the
Product may make a one-time transfer of the Product to
another end user. The transfer has to include all
component parts, media, printed materials, this EULA, and
if applicable, the Certificate of Authenticity. The
transfer may not be an indirect transfer, such as a
consignment. Prior to the transfer, the end user receiving
the transferred Product must agree to all the EULA terms.
No Rental. You may not rent, lease, lend or provide
commercial hosting services to third parties with the
Product.
[...]
6. TERMINATION. Without prejudice to any other rights, Microsoft
may cancel this EULA if you do not abide by the terms and
conditions of this EULA, in which case you must destroy all
copies of the Product and all of its component parts.
[...]
19. The Product is protected by copyright and other intellectual
property laws and treaties. Microsoft or its suppliers own
the title, copyright, and other intellectual property
rights in the Product. The Product is licensed, not sold.
----
Well, of course when you buy it for example in retail (separately
or in a bundle with a new computer), the "product" (copy) is sold.
But the moment you agree to that contract (e.g. when installing
and pressing something to manifest assent), you give up all your
rights under 17 USC 109 and 117 (subject to local regulations
regarding unfair contractual terms), and, to quote the FSF's
brief in Wallace v. FSF "the contract controls".
BTW, given the set-in-stone FSF's stance on legal status of the
GPL (everybody and his dog knows for certain that the GPL is a
unilateral-permission-not-a-contract) I have no idea what
contract the FSF hired lawyers in Indian are talking about.
Hey mini-RMS, what do you think? C'mon share your thoughts on
that.
regards,
alexander.
- Re: GPL and other licences, (continued)
- Message not available
- Re: GPL and other licences, David Kastrup, 2006/02/03
- Re: GPL and other licences, Alfred M. Szmidt, 2006/02/03
- Re: GPL and other licences, Rui Miguel Silva Seabra, 2006/02/04
- Re: GPL and other licences, Alfred M. Szmidt, 2006/02/04
- Re: GPL and other licences, Rui Miguel Silva Seabra, 2006/02/04
- Re: GPL and other licences, Alfred M. Szmidt, 2006/02/05
- Re: GPL and other licences, Rui Miguel Silva Seabra, 2006/02/05
- Message not available
- Re: GPL and other licences, Graham Murray, 2006/02/06
- Message not available
- Re: GPL and other licences,
Alexander Terekhov <=
- Re: GPL and other licences, Rui Miguel Silva Seabra, 2006/02/06
- Message not available
- Re: GPL and other licences, Alexander Terekhov, 2006/02/07
- Re: GPL and other licences, David Kastrup, 2006/02/05
- Re: GPL and other licences, Alfred M. Szmidt, 2006/02/03
- Re: GPL and other licences, David Kastrup, 2006/02/05
- Re: GPL and other licences, Alfred M. Szmidt, 2006/02/03
- Re: GPL and other licences, David Kastrup, 2006/02/05
- Re: GPL and other licences, Alfred M. Szmidt, 2006/02/03
- Message not available
- Re: GPL and other licences, David Kastrup, 2006/02/03
- Re: GPL and other licences, John Hasler, 2006/02/03