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From: ins_aeas@jhunix.UUCP (Earle A .Sugar)
Newsgroups: net.micro
Subject: Re: Your software rights are in danger
Message-ID: <1478@jhunix.UUCP>
Date: Thu, 19-Dec-85 15:35:24 EST
Article-I.D.: jhunix.1478
Posted: Thu Dec 19 15:35:24 1985
Date-Received: Sun, 22-Dec-85 00:47:19 EST
References: <856@brl-tgr.ARPA>
Organization: The Johns Hopkins University
Lines: 32

>    Note that the Illinois law (which you may not have read) allows you to
> return the software within a period of time rather than accept the license
> agreement.
>   -- David
Yes, but is this grace period after purchase but before opening the package 
or is if after opening the package and verifying that the software does 
indeed work?  Remember, most software "licensing agreements" require you 
to accept disclaimer of all implied warranties BEFORE you open the package 
to verify that the software runs.  Another thing that makes me queasy is that 
the law requires that you accept the provision in licensing agreements that 
that prevents you from customizing the software for your own use.  A good 
analogy for this would be if you had a Chevy and could be sued by GM for putting 
a Die-Hard (TM) in your car to replace the weak stock battery.  Or, better yet, 
buying sheet music, and writing notes in the margin, and getting sued by the 
publisher.[
    One final question: Ashton-Tate's license agreement states that the 
DBASE III package is a "non-published, copyrighted work".  Aren't these 
two terms contradictory under U.S. copyright law?  If not, how can something 
that has scores of thousands of (legal) copies in the field be considered 
"unpublished"?

-- 
______________________________________________________________________________

Earle A. Sugar
Disclaimer:"I doubt anyone else here agrees with me."
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