Path: utzoo!utgpu!news-server.csri.toronto.edu!bonnie.concordia.ca!uunet!weyrich!orville
From: orville@weyrich.UUCP (Orville R. Weyrich)
Newsgroups: comp.lang.fortran
Subject: Re: Help: MS-DOS FORTRAN
Message-ID: <1991Jun28.054732.1424@weyrich.UUCP>
Date: 28 Jun 91 05:47:32 GMT
References: <10328.286746c7@ohstpy.mps.ohio-state.edu> <1991Jun26.130615.20595@cs.dal.ca> <677@equinox.unr.edu>
Reply-To: orville@weyrich.UUCP (Orville R. Weyrich)
Organization: Weyrich Computer Consulting
Lines: 62

In article <677@equinox.unr.edu> lsmith@unssun.UUCP (The Master) writes:
>
> Suppose I buy a used computer, and the hard disk is loaded with
>software. W.P., Lotus, DB4, all the goodies... The original owner
>bought the software and a license to install it on his computer.
>So the software is legal, right? Now he sells the computer. Does
>the software license transfer along with the computer and software,
>or does it stay with the original owner, who kept the floppies but
>does not now have a computer?

Generalizations are not possible as a rule :-). You have to read the
license agreement for each software product. Also keep in mind that
some software licence agreements are unenforceable (many of the
shrink-wrap agreements). Also keep in mind that a recent isssue of
ComputerWorld has a front-page article about "software police" being
sponsored (it seems) by Lotus and other companies that like to play
legal hard-ball. These "software police" seem to have authority to
descend on a place of business, order everyone to get away from the
computers immediately, and then to make a list of all software loaded
on all hard-drives and demand to see sales receipts. If you can't
produce them, they claim to be able to force you to pay fines and
also to pay full list price for all affected software packages.

Personally, my recommendations are:

	1) If you don't have the distribution disks yourself, you
	   probably are on thin ice.
	2) If you do have the distribution disks, and have software
	   produced by slime-ball companies [you figure out who I mean]
	   but are not the original purchaser, they may use their legal
	   muscle to make your life miserable even though if you had
	   sufficient financial reserves you could likely fight and win.
	3) Therefore, do everything you can to avoid software by these
	   slime-balls. Buy from companies with a good attitude, like
	   Borland. Any time you see articles about companies running
	   around sueing everyone in sight, take note of the companies
	   and add them to your own little list of companies that you
	   do not wish to deal with. [It is my opinion that if a 
	   company really has a good product and service, that they can
	   afford not to be petty, because users in general will
	   be happy to pay for their products. The more petty a company 
	   is, the poorer I suspect their quality and service really are.]

My own little list includes a company selling file compression software,
a hardware/software manufacturer of mouse-based GUI's, a spreadsheet
manufacturer, and a database manufacturer. When I get sales literature
from folks on my little list, I use their prepaid reply envelope to
send them a letter stating that I refuse to use their software/hardware
or to recommend it to clients, or to teach it to my students. I don't
know if it has any effect, but it makes me feel better. Pass it on.

Hope this helps. Disclaimer: I am not a lawyer. If you are really
worried about being sued, you should get your own.



--------------------------------------           ******************************
Orville R. Weyrich, Jr., Ph.D.                   Certified Systems Professional
Internet: orville%weyrich@uunet.uu.net             Weyrich Computer Consulting
Voice:    (602) 391-0821                         POB 5782, Scottsdale, AZ 85261
Fax:      (602) 391-0023                              (Yes! I'm available)
--------------------------------------           ******************************