On 09/12/2012 04:39 PM, Kay C Lan wrote:
On Wed, Sep 12, 2012 at 8:59 PM, Peter Alcibiades <
palcibiades-fi...@yahoo.co.uk> wrote:
What is needed is an EU case in which either running the thing in a VM or
on
the wrong sort of hardware was ruled breach of contract and some kind of
ruling made. I don't know of one. Maybe someone else does. Lets hear it.
The closest I can think of is the EU banning smart chips in printer
cartridges that prevented users from using non-OEM cartridges. I am not
that familiar with the case but on the surface the whole decision had
nothing to do with the legality of the manufacture requiring the use of OEM
parts (car and plane manufactures do it all the time) but was more about
recycling. Here, it is a post purchase restriction that you use OEM
cartridges, or else you void the warranty. In the EU if a non-OEM cartridge
fails (leaks, heads clog) and damages the printer is the manufacturer still
required to repair the printer in the warranty period?
Peter, I'm just wander what you think the EU make of these Runrev post
sales restrictions:
1) Basically you can use LiveCode as an individual on as many computers as
you own, or you can use it on one computer with multiple users. You may not
switch between methods of use at any time.
I assume you believe Runrev has no right to tell you how many computers you
can install LC on and whether or not the computer can be in single or multi
use.
I have indicated before that I have my legal versions of RunRev (and,
for some "odd" reason
I don't have any illegal versions) installed on my machines at home, on
an ancient G3 iMac at my
parents' home, and a slightly less ancient G3 iMac in my school. As
nobody but nobody that is
ever likely to visit my parents' home, or mine, or my school has a clue
how to use RR?LC,
or have the passwords to my machines I don't even stop to think: only I
can get into those machines,
so only I can use the RR/LC installed upon them, and, as I am a mere
mortal I'd be hard put to be
programming on computers in two or 3 quite distinct places at the same time.
This has got precious little to do with reading a EULA and a lot to do
with common sense and the practicalities of day-to-day life.
2) Basically LiveCode has certain limits built in, such as you can't use a
script to modify another script by more than 10 lines.
Built-in limits are built-in limits and as such have nothing to do with
legality, morality or honesty;
that is how the software IS.
I assume you believe Runrev has no right to limit what you do with the code
you write. Now I know that Runrev will quite happily negotiate a change in
those limits if your particular circumstance warrants it, but that is still
a negotiated settlement and would be a limit set by Runrev, what you are
suggesting is in the EU Runrev has no right to include that 10 line limit.
Where did Peter suggest that? Must have missed it.
Surely, a piece of software is what it is, and legislating bodies cannot
tell a programmer
what capabilities s/he may or may not build into it?
As far as I can see the 10 line limit is a decision taken by the people
who make Livecode, just
as a bicycle maker decides that all his bikes should be painted black -
and if I come along
and demand a pink bike the maker is quite entitled to say "Boo" to me.
There is an important distinction between what a thing is capable of,
and how a customer uses the thing.
A bicycle cannot be used to brew coffee, and I am absolutely sure that
anybody claiming that the
fact that their bike cannot be used as a coffee-maker is in some way
"unfair" would be laughed out of court.
If I turn my bike upside down and use the back wheel as part of a
home-made electrical generator
that should be up to me, and a EULA that states that I cannot do that
seems a bit out of place.
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