>> -----Original Message-----
>> From: Nick McClure [mailto:[EMAIL PROTECTED]]
>> Sent: Friday, June 08, 2001 3:58 PM
>> To: CF-Talk
>> Subject: RE: Need decryptor tag for CFUG presentation
>> I would agree with Raymond. Just because you didn't buy the product does
>> not mean the code is not copyrighted. Many people produce freeware
>> products. That means you are free to use the product that you are
provided.
>> Decrypting/Reverse engineering gives you something you were not
originally
>> given.
>> Did you read the license agreement that you agreed to when you downloaded
>> those tags. I bet they said Decrypting/Reverse engineering is against the
>> license agreement. And doing so is not only unethical but illegal. Not
>> matter if you paid for it, were given it, or the author paid you to take
it.
I will venture to guess that most developers haven't read the license that
they "agree" to when they upload or download code to/from the DevX. As noted
on the Allaire submission form to upload content to the DevX, "Note: All
contributed components are downloadable only after acceptance of the
Allaire� Developer's Exchange Software License Agreement. Please review the
license before uploading your component." I encourage everyone to read and
_try_ to understand the nuances contained within said document. There are a
couple of snippets from the license that I'd like to bring up, as they
_seem_ relevant:
... <snip>
"NON-ALLAIRE SOFTWARE COMPONENTS AVAILABLE THROUGH THE DEVELOPER�S EXCHANGE
ARE SUBJECT TO THE SPECIFIC LICENSE CONDITIONS OF THEIR RESPECTIVE AUTHORS,
AND ARE ADDITIONALLY SUBJECT TO THE BOTH THE LIABILITY AND WARRANTY
LIMITATIONS OF THIS LICENSE AGREEMENT."
</snip> ...
.... <snip>
"Not Commercial Software
THE SOFTWARE COMPONENTS SUBJECT TO THIS AGREEMENT ARE NOT COMMERCIAL
SOFTWARE. THEY ARE NOT COVERED BY ANY OTHER WARRANTY CONTAINED IN ANY OTHER
LICENSE AGREEMENT BETWEEN YOU AND ALLAIRE. ALLAIRE HAS PERFORMED NO QUALITY
ASSURANCE TESTING AND WILL NOT MAINTAIN AND SUPPORT ANY SOFTWARE COMPONENTS
UNLESS OTHERWISE EXPLICITLY INDICATED ON THE ALLAIRE DEVELOPER�S EXCHANGE IN
REFERENCE TO SPECIFIC SOFTWARE COMPONENTS."
</snip> ...
.... <snip>
YOU ACKNOWLEDGE THAT THIS LIMITED LICENSE APPLIES ONLY TO SOFTWARE
COMPONENTS SUBMITTED TO THE DEVELOPER�S EXCHANGE BY ALLAIRE CORPORATION.
ALLAIRE GRANTS YOU NO RIGHTS WHATSOEVER IN ANY SOFTWARE COMPONENTS SUBMITTED
BY ANY PERSON OR PARTY OTHER THAN ALLAIRE. ANY LICENSE TERMS FOR SUCH
SOFTWARE COMPONENTS WILL BE CONTAINED IN THE SOFTWARE COMPONENTS THEMSELVES,
AND YOU ARE SOLELY RESPONSIBLE FOR REVIEWING, UNDERSTANDING AND COMPLYING
WITH ANY SUCH LICENSE TERMS. THE INCLUSION OF SUCH THIRD-PARTY SOFTWARE
COMPONENTS DOES NOT IMPLY AN ENDORSEMENT OR RECOMMENDATION OF SUCH SOFTWARE
COMPONENTS.
</snip> ...
It seems like snippet #1 says that components uploaded to the DevX by
non-Allaire entities are only subject to the liability and warranty
agreements from Allaire. Both of those sections seem to state that Allaire
doesn't provide any liability assurance or warranty. That leaves us with the
part that says, "ALLAIRE GRANTS YOU NO RIGHTS WHATSOEVER IN ANY SOFTWARE
COMPONENTS SUBMITTED BY ANY PERSON OR PARTY OTHER THAN ALLAIRE. ANY LICENSE
TERMS FOR SUCH SOFTWARE COMPONENTS WILL BE CONTAINED IN THE SOFTWARE
COMPONENTS THEMSELVES, AND YOU ARE SOLELY RESPONSIBLE FOR REVIEWING,
UNDERSTANDING AND COMPLYING WITH ANY SUCH LICENSE TERMS." So, if a
third-party component isn't covered by any Allaire license, and the
third-party who uploads the component to the DevX doesn't include a license,
then it would seem that the software is available for download with none of
Allaire's license restrictions. For most, I would guess that this is a moot
point, they never had any intention to "license" the snippet of code anyway,
maybe they just wanted to share, but, for those who are concerned this point
may warrant closer scrutiny. If my understanding is skewed by legalese then
maybe the license should be made clearer. This doesn't remove the
responsibility of the user to read or comply with the license as it applies
to them but, if the license in effect disqualifies itself then they should
be aware of that too.
Steve
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