Path: utzoo!mnetor!tmsoft!torsqnt!news-server.csri.toronto.edu!cs.utexas.edu!sun-barr!apple!altos!gumby!jerry
From: jerry@gumby.Altos.COM (Jerry Gardner)
Newsgroups: comp.sys.ibm.pc.misc
Subject: Re: LEGALITY OF SELLING SOFTWARE
Message-ID: <4694@gumby.Altos.COM>
Date: 12 Feb 91 01:55:27 GMT
References: <3929@orbit.cts.com> <70478@microsoft.UUCP>
Reply-To: jerry@altos.COM (Jerry Gardner)
Organization: Altos Computer Systems, San Jose, CA
Lines: 28

In article <70478@microsoft.UUCP> fredf@microsoft.UUCP (Fred FREELAND) writes:

}3. OTHER RESTRICTIONS. You may not rent or lease the SOFTWARE, but you may
}transfer the SOFTWARE and accompanying written materials on a permanent basis
}provided you retain no copies and the recipient agrees to the terms of this
}agreement.  You may not reverse engineer, decompile, or disassemble the
}SOFTWARE. If SOFTWARE is an update, any transfer must include the update
}and all prior versions.
}
}Now I think that's pretty straightforward.  If you sell your old software,
}you're violating the licensing agreement and therefore are subject to
}legal action. Just because you don't know about the rulings of judges 
}across the country doesn't mean that it hasn't happened in the past or
}wont happen in the future. It is, after all, explicitly prohibited by
}a legally binding agreement between two parties.  Enough said. 


Legally binding agreement?  Says who? Microsoft?  I doubt a shrink-wrap
"license agreement" is valid anywhere.  Most people never read the
things before they buy the package so how can it be binding?  I guess
"making it all make sense" doesn't necessarily imply common sense.


-- 
Jerry Gardner, NJ6A					Altos Computer Systems
UUCP: {sun|pyramid|sco|amdahl|uunet}!altos!jerry	2641 Orchard Parkway
Internet: jerry@altos.com				San Jose, CA  95134
Guns don't kill people, bullets do.                     (408) 432-6200