Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP
Posting-Version: version B 2.10.2 9/18/84; site ecsvax.UUCP
Path: utzoo!watmath!clyde!burl!ulysses!gamma!epsilon!zeta!sabre!petrus!bellcore!decvax!mcnc!ecsvax!hes
From: hes@ecsvax.UUCP (Henry Schaffer)
Newsgroups: net.micro
Subject: Re: Your software rights are in danger
Message-ID: <982@ecsvax.UUCP>
Date: Mon, 23-Dec-85 21:02:05 EST
Article-I.D.: ecsvax.982
Posted: Mon Dec 23 21:02:05 1985
Date-Received: Wed, 25-Dec-85 03:23:27 EST
References: <9400009@uiucuxa> <9400012@uiucuxa> <1808@uwmacc.UUCP> <1@gumby.UUCP> <2647@sunybcs.UUCP>
Organization: NC State Univ.
Lines: 40

> 
>  > 				  I completely resent the fact that under this
>  >law, I cannot legally modify the programs I have purchased so that they will
>  >RUN on my machine
> 
> I agree.  I feel if I have purchased some software, I should be able to
> do anything I want with it provided that I do not distribute it to other
> people.  I dont know of anything else in the world that you can buy which
> prohibits your modification or destruction of it.  ...
>    Timothy D. Thomas                 SUNY/Buffalo Computer Science

  The software houses argue that they are not selling you a "thing", but
a license.  Note the title, "Software License Enforcement Act."  Among
other effects this removes many responsibilities that the vendor might
have to you if you purchased a "thing".  There are many license or
rental contracts which prohibit modification, etc.  I also have never
heard of restrictions of modifying a "thing you have purchased, but 
such things as apartment leases usually prohibit modifications, including 
putting tacks in the walls, and signing the lease means you agree with the 
terms.

  I checked with an attorney about the possibility of voiding the more
objectionable terms in a license.  I was told that one way to do that was
to show that a term was "unconscionable", but that it would have to be
pretty far out to meet that test.  When I summarized the what I remembered
of Section 4, I was told that these terms didn't sound unconscionable.

  The vendors will probably argue that in order to modify the software,
that you have to get into it, and therefore jeopordize their trade
secrets.  The Illinois law has modification in the same paragraph
with "translation, decompiling, disassembling, or creating derivative
works".

  While I detest prohibiting modification as much as you do, I am
not sure that there is anything novel or unlawful about it.  The answer
is to read the license before purchase, refuse to purchase anything which
has terms you don't like, and follow the conditions of the license of
any purchases you make.  Of course this may mean passing up alot of
otherwise desirable software!
--henry schaffer