Oded Arbel wrote:

Oded Arbel wrote:






While taking it a bit to the extreme (and I don't think anybody would try
to enforce it) with our hypothetic Winw, the user who tries to run Win32
application might be considered infringing on the Winw GPL license just
by
using it. I guess this is one of the reasons the real Wine uses LGPL.





Noone can enforce anything, even if they tried, anything against a user.
There is no copying taking place.



Of course there is ! Using the software implies copying - you copy it into
your harddisk and then you copy it into your computer's dynamic memory
where it can be run. this is also the reason why you have to "sign" an
EULA when you install MSOffice. It may be a technicality, but an important
one.


On the contrary. The reason MS makes you "sign" an EULA before you install MSOffice is precisely BECAUSE they can otherwise not enforce their strange standards on you. The copyright law does not allow them to dictate to you what you do with the software once you bought it (first sale doctrine). As such, they are trying to take it away from the copyright law, and into the real of contract law. They are putting up this screen so you will think that you are bound by contract ("This software is licensed to you, not sold").

The fact that you got your hands on a packaged software product does not
mean you can use it.

Sure it does. That's what the "First sale doctrine" means. Once I sold you a piece of software, I cannot tell you what to do, and what not to do, with it.

if that were the case, then If I copy a piece of
prorietary software and publish it freely on the web, then every user who
can download it can freely run it on his/hers computer w/o penalty.

No, because that's specifically prohibited by the copyright law. You are not allowed to distribute copies of the original without the copyright holder's permission (as opposed to transferring your copy, over which the copyright holder has no say).

--
Oded


Shachar

--
Shachar Shemesh
Open Source integration consultant
Home page & resume - http://www.shemesh.biz/



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