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From: brnstnd@kramden.acf.nyu.edu (Dan Bernstein)
Newsgroups: comp.sources.d,trial.misc.legal.software
Subject: Re: Reve: Invalid restrictions on usage.
Message-ID: <21712:Nov412:17:2190@kramden.acf.nyu.edu>
Date: 4 Nov 90 12:17:21 GMT
References: <16309@s.ms.uky.edu>
Organization: IR
Lines: 34

In article <16309@s.ms.uky.edu> sean@ms.uky.edu (Sean Casey) writes:
> In the comp.sources.games posting, Volume 11, Issue 52, Rich Burridge
> posts an othello game called Reve. In all of the files is the line:
> >    You are forbidden from using Reve as is, or in a modified state, in
> >    any tournaments, without the permission of the authors.
  [ Sean claims that this is unenforceable ]
> It's not so important what is forbidden as the idea that some
> arbitrary behavior can be forbidden without a prior agreement. This is
> a dangerous idea, one that can lead down a very dark road.

Once you have received an unsolicited copy of Reve, you do, indeed, own
that copy. You can therefore do a lot of things with it, like compile
it, use it, make a backup copy, etc., without permission of the authors.

That doesn't mean you have the right to copy it further. Fair use may
let you do so in some cases, but a judgment of fair use depends heavily
on the exact situation. Copying a program so as to submit it in a
tournament probably doesn't constitute fair use.

In this case, the authors have granted you the right to distribute the
sources, with certain qualifications. One of those qualifications is
that you may not enter the program in a tournament.

Sorry, Sean, but that's perfectly enforceable.

You're right that people can't force contracts onto you. That's why
shrink-wrap licenses have been held to be invalid.

But we're not talking about a license here. The authors are simply
limiting their exclusive copyright, and they can do so in any way they
want.

---Dan
You may copy and distribute this article for profit if you are not named Sean.