Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP Posting-Version: version B 2.10 beta 3/9/83; site frog.UUCP Path: utzoo!watmath!clyde!cbosgd!ihnp4!houxm!whuxl!whuxlm!akgua!gatech!seismo!harvard!think!mit-eddie!cybvax0!frog!john From: john@frog.UUCP (John Woods, Software) Newsgroups: net.micro Subject: Re: Your software rights are in danger Message-ID: <301@frog.UUCP> Date: Fri, 20-Dec-85 15:01:04 EST Article-I.D.: frog.301 Posted: Fri Dec 20 15:01:04 1985 Date-Received: Wed, 25-Dec-85 03:09:47 EST References: <856@brl-tgr.ARPA> Organization: Charles River Data Systems, Framingham MA Lines: 129 > Certainly I agree that software should be subject to the certain implicit > warranties as other products. But I think this is a separate issue. > 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 > "(4) The legend or notice states clearly that a person who receives the copy of computer software and does not accept and agree to the terms of the accompanying license may, within a reasonable time, return the unused, unopened copy of computer software to the party from whom it was acquired, or to some other identified party, for a full refund of any money paid for the copy; and" It is still absolutely legal to sell a blank diskette if the license agreement says that you have no recourse, and you cannot find out that you own a blank diskette till you (1) open and attempt to (2) use the software. However, at least they give you this: "(5) The terms of the accompanying license agreement must be clearly and conspicuously stated in the license agreement in language which is readily understandable, and the license agreement must be attached to or packaged with the computer software or copy thereof in such a manner that the terms are ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ readily noticeable before the act which is deemed to constitute acceptance ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ occurs;" ^^^^^^ i.e., no more "By opening this package you have accepted all the terms of our incomprehensible license agreement, copies of which only exist in a 16-ton steel safe at the bottom of the Marianas Trench." ``"License agreement" means a written document on which the word "license", either alone or in combination with other words, appears conspicuously at or near the top so as to be readily noticeable to a person viewing the document.'' Which "words"? How about: "THIS IS NOT A LICENSE AGREEMENT" And finally, a reposting of a message from earlier in the year: > is the original } is the original reposter }From: phco@ecsvax.UUCP (John Miller) }Newsgroups: net.micro }Subject: Re: The next generation of software licences }Message-ID: <303@ecsvax.UUCP> }Date: 23 Aug 85 01:52:32 GMT }References: <1222@ubc-cs.UUCP> }Reply-To: phco@ecsvax.UUCP (John Miller) }Organization: Univ. of North Carolina at Chapel Hill }In article <1222@ubc-cs.UUCP> manis@ubc-cs.UUCP (Vince Manis) writes: > > *HEY, SCUZZBAG* > *IF YOU OPEN THIS PACKAGE, YOU AGREE* > *TO THE FOLLOWING TERMS AND CONDITIONS.* > >1.Flubber Systems Inc. (THE VENDOR) provides this program for use on a > single machine, insofar as it may be used on any machine at all. > >2.THE VENDOR does not warrant that this program will perform the function > or functions it is advertised to perform, that it will perform any function > at all, that the documentation is correct, or that there is even a > diskette and/or documentation (PROGRAM MATERIALS) in the box. The > purchaser assumes all responsibility for determining whether he or she > got rooked or not. > >3.THIS PRODUCT IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, INCLUDING > BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS > FOR A GIVEN PURPOSE. SHOULD THE PRODUCT PROVE DEFECTIVE, IT IS UP TO THE > PURCHASER TO DETERMINE THAT THE PROGRAM IS DEFECTIVE AND PROVIDE TO THE > VENDOR THE SOURCE CODE CHANGES NECESSARY TO ENSURE THAT THE PROGRAM > FUNCTIONS CORRECTLY. > >4.In respect of condition 3, THE VENDOR will not furnish any source code > to the purchaser even should the purchaser be willing to repair PROGRAM > MATERIALS at his/her own cost. > >5.THE VENDOR agrees to provide technical support at a scale of fees to be > determined once THE VENDOR has written the software. Such technical support > shall consist of telephone support conducted from an unlisted number in > Malawi. THE VENDOR does not warrant that such support will be responsive, > or that any advice furnished to the purchaser shall be correct, complete, > or even vaguely useful. > >6.This agreement shall remain in force until THE VENDOR gets tired of it. > At the termination of the agreement, the purchaser agrees to destroy > all PROGRAM MATERIALS, and to give to THE VENDOR the results of all use > of said PROGRAM MATERIALS. THE VENDOR may choose to give or sell such > results to any person, but assumes no liability for the correctness or > usefulness of such results; all liability remains with the original > purchaser. > >7.The following actions, or similar, shall result in immediate termination > of this agreement, as provided under condition 6: unauthorised duplication > of the software (even for backup purposes); possession of any program > whose purpose is to defeat copy protection mechanisms; advocacy of > so-called ''consumer protection'' legislation, which restricts the > freedoms of software vendors; any public or private utterance which > disparages THE VENDOR, the PROGRAM MATERIALS, any other product marketed > by or endorsed by THE VENDOR, or the software industry in general. > >8.This agreement shall be governed by the laws of The Republic of Albania, > and by the philosophy of its now-departed leader, Enver Hoxha. > >BY READING THIS FAR, YOU HAVE ALREADY CONSENTED TO THIS AGREEMENT. IT'S TOO >LATE NOW, SUCKER! }I must have missed something. How does this differ from the license }agreements currently prevailing? (;-) } } John Miller (ecsvax!phco) } Dept. of Pharmacology, Univ. of N.C.-Chapel Hill } Chapel Hill, NC 27514 (919) 966-4628 -- John Woods, Charles River Data Systems, Framingham MA, (617) 626-1101 ...!decvax!frog!john, ...!mit-eddie!jfw, jfw%mit-ccc@MIT-XX.ARPA Out of my way, I'm a scientist! War of the Worlds