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From: bangell%peruvian.utah.edu@cs.utah.edu (Bob Angell)
Newsgroups: comp.sys.ibm.pc.misc
Subject: Re: LEGALITY OF SELLING SOFTWARE
Summary: BUNK!
Message-ID: <1991Feb12.200901.9129@hellgate.utah.edu>
Date: 13 Feb 91 03:09:01 GMT
References: <3929@orbit.cts.com> <38899@cup.portal.com> <70629@microsoft.UUCP>
Sender: bangell@peruvian.utah.edu (Bob Angell)
Distribution: usa
Organization: University of Utah CS Dept
Lines: 54

In article <70629@microsoft.UUCP> fredf@microsoft.UUCP (Fred FREELAND) writes:
>In article 38899@cup.portal.com tczarnik@cup.portal.com (Tom A Czarnik) writes:
>>
>>   In California, several cases were decided regarding "Shrink-wrap"
>>licenses, all judges made the point that the buyer was unaware of a 
>>license existing. 
>>   Also to make a point about getting an upgrade version, and that 
>>product would still be under the original license? Wrong! There was
>>no original license. 
>
>This thread was not talking about "Shrink-wrap" software licenses. We're
>talking about opening a box that contains a clearly marked envelope of 
>diskettes. On the outside of the envelope are the words, "IMPORTANT - READ
>CAREFULLY BEFORE OPENING. By opening this sealed disk package, you indicate
>your acceptance of the following Microsoft License Agreement."
>
>Now we can speculate all day about a variety of scenarios where the original
>purchaser is a non-English-speaking person, but that serves to confuse
>rather than clarify the issue. 
>
>The whole point is, that if you are a normal person, with normal faculties and
>a normal understanding of the language, opening the disk envelope is, by
>definition, agreement with the terms of the licensing agreement. It doesn't
>matter if you think it's bogus or not. If you opened the envelope you have
>agreed, like it or not.
>
>
>-- 
>Frederick F. Freeland Jr.                        "Of all the things I've lost,  Microsoft Corporation                               I miss my mind the most!"   One Microsoft Way  
>Redmond, WA 98052 (206) 882-8080                                                                                                                                internet: fredf@microsoft.beaver.washington.EDU                                 arpanet:  fredf%microsoft@uw-beaver.ARPA
>uucp:     uunet!microsoft!fredf                                                                                                                                 Opinions expressed over this signature are my OWN and not those of my employer! 

The whole idea of "blanket-protection" assumed by Microsoft and other software
vendors is repulsive and as stated previously is pure BUNK!  They may glory in
their assumptions, but to enforce every perceived 'violation' (term used 
extremely loosely in this context!) is absurd!

Others may have a need but not the $$$ for such software, hence the 2nd-hand
market.  In some cases, it actually helps the vendors to receive new users
through these methods.  But if companies, like Microsoft, want to beat-up on
small-time users through threats and intimidation, in the end, it only hurts
the company!  So whats all the bitching and moaning about anyway?  It looks 
like a win-win situation!  Lets not see Microsoft and others be another LOTUS 
with all of its protectionism!!!

Enough said.


-Bob-



bangell@peruvian.utah.edu;   angellrl@cc.utah.edu;   !peruvian.utah.edu!bangell
"Opinions above are my own and do not necessarily reflect those of the UofU"