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From: scott@bbxsda.UUCP (Scott Amspoker)
Newsgroups: rec.music.synth,comp.sys.apple2,comp.sys.amiga,comp.sys.mac.misc,comp.sys.ibm.pc.misc,misc.legal
Subject: Re: Do *NOT* reveal or mention "hacking" information (was Re: paper clip trick)
Message-ID: <1339@bbxsda.UUCP>
Date: 15 Nov 90 02:31:05 GMT
References: <2716@polari.UUCP> <11071@milton.u.washington.edu> <1990Nov14.225343.4867@isis.cs.du.edu> <1990Nov15.000626.25016@elroy.jpl.nasa.gov>
Reply-To: scott@bbxsda.UUCP (Scott Amspoker)
Organization: Basis International,  Albuquerque, NM
Lines: 35

In article <1990Nov15.000626.25016@elroy.jpl.nasa.gov> stevo@uniblab.Jpl.Nasa.Gov (Steve Groom) writes:
>However, some software packages clearly state that you are not purchasing
>a copy of the software, but that you are purchasing a license
>to use the software.
>They may also state that the actual software remains the property of the
>seller, and that the money you paid
>went only for a license.  In this case, you DON'T own it, you're just
>using a copy supplied with the license.

They can also say that you own them your first born.  It doesn't mean
it'll hold up in court.

>They may continue to say
>that the software falls under the category of "Trade Secret", and
>that attempting to reverse-engineer or alter the software may not only
>be a violation of the license, but also grounds for civil action.

"Trade secrets" are kept in safe place.  They are *not* distributed
to the public.  You can't make something available to anyone who
wants to hand over some money and then convince a judge that it was
a "trade secret".  You can call it a trade secret until your face
turns blue but it doesn't necessarily make it so.

Most of the "agreements" affixed to software are boilerplate
efforts that may or may not be meaningful in some extreme cases
(where a prosecuter may go overboard in interpreting the agreement).

Most people would agree that handing out a copy of the software (or
any derivation of the software) to someone else is illegal.

-- 
Scott Amspoker                       |
Basis International, Albuquerque, NM | "I'm going out for a sandwich"
(505) 345-5232                       |                       - Ben
unmvax.cs.unm.edu!bbx!bbxsda!scott   |