On Mon, Aug 25, 2003 at 05:38:38PM +0300, Aigars Mahinovs wrote: > Hello all > > I am reading a document by OSDL, namely: > http://www.osdl.org/docs/osdl_eben_moglen_position_paper.pdf > > On the third page I read that copyright doesn't limit use of the > product. That the only legal barier to usage of comercial software is > the click trough licence agreement or contracts behind shrinkwrap. > First, is this true? > > If it is then I can imagine such scenario: > > Hacker A opens the shrinkwrap, and hacks install to disable the licence > agreement and the serial number > Developer B download the resulting install from Donkey and burns a CD > User C gets the CD as a present (or buys it) from B and installs the > programm > > Is C doing anything illegal in this case? > > He has not opened the shrinkwrap (thus not agreed to the licence > agreement on the box). > He has not agreed to the licence at install time. > He has not copied the software (thus not disturbing copyright law) > He is simply using the software! :) > > Please tell me this isn't true!
Under UK law, C has done nothing wrong and is not at risk of criminal or civil charges. However, the goods in question may be confiscated. I believe that under US law, they may be liable under some parts of the DMCA, if that applies. A judge would probably let them off though, if they can give a convincing argument that they were unaware of the actions of A and B. Other jurisdictions will vary. -- .''`. ** Debian GNU/Linux ** | Andrew Suffield : :' : http://www.debian.org/ | `. `' | `- -><- |
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