Shawn writes: >> In fact, shrink-wrap or click-through licenses for software you >> purchase in a store are also invalid, but that's a different topic. > > David, can you expand on this? It's early in the morning, and my > head's spinning so I'm not thinking straight. The top makes sense, > it's the second paragraph that's confusining me....d There is nothing in copyright law (17 USC 117) or any other law (except perhaps some misguided local laws) that makes them valid. The first sale doctrine allows an owner of a copy to do what he or she wants (selling, lending, etc.) with it, as long as it is within copyright law. When you buy a copy of Windows at Best Buy, first sale doctrine applies, because you are buying that copy. You aren't signing a contract that legally binds you to a license. Thus, you have full rights under copyright law. There is no basis in law for restricting your rights after you've already purchased it. Imagine if there was a "click-through license" in a box of breakfast cereal. It seems silly, but software is exactly the same way. I believe this means that special versions of software not bought under contract cannot impose limitations on how you may use the software. This would include academic versions, OEM versions, etc. OEM resellers that sell the software incorrectly could be in violation of their contract, but that wouldn't make the end user liable, since the copy was made and distributed by the copyright holder. Imagine buying a "special" hammer, that said you were only allowed to use it at home, but not at work. Here are some good references: http://www.law.cornell.edu/uscode/17/117.html http://cr.yp.to/softwarelaw.html http://www.lib.ncsu.edu/scc/tutorial/basics2a.html This is not directly related, but is a good general copyright page: http://www.templetons.com/brad/copymyths.html -- David Phillips <david at acz.org> http://david.acz.org/ _______________________________________________ TCLUG Mailing List - Minneapolis/St. Paul, Minnesota http://www.mn-linux.org tclug-list at mn-linux.org https://mailman.real-time.com/mailman/listinfo/tclug-list