yep
On Tue, 08 Mar 2005 21:58:36 -0600, Noel Stoutenburg <[EMAIL PROTECTED]> wrote:
Dennis Bathory-Kitsz wrote:
The proposal has a couple of flaws, the first of which is that the whole complaint is based upon a false premise, reflected in these statements quoted from the siteNot at all. And I've made the proposal in great detail here: http://maltedmedia.com/books/papers/sm-copyp.html
Commercial software is sold for a price the market will bear, under conditions the market will bear.
and
It makes you the victim, as a legal purchaser
The flaw here, is that the phrases "Commercial software is sold" and "legal purchaser" implies that the user of a particular piece of commerical software has ownership rights in the software. While it might be true for some programs, the fact is that with respect to Finale, these is not true statements. A user of Finale acquires a non-exclusive, limited license to use the software entity under the terms of the license. The fact is that the current authentication scheme used in FIN 2k4 and 2k5 is not a restriction the user's rights a purchaser, but enforcement of limitations on use that are part and parcel of the license to which the user has agreed.I've mentioned this on the list before. Please read especially the 8-partAs far as the 8 part detailed solution, Dennis refes to, I have the following comments
detailed solution in the section "Are There Solutions?" Any company
unwilling to take these basic steps is to me unethical in its behavior
toward customers.
1) MakeMusic! is in compliance with item 1, as the license is published on the Finale website;
2) We have no way to know whether items 2 and 3 may, or may not be complied with; they may or may not have been.
3) There may not be a published "end of life schedule", but my understanding is that support is available on all legimately installed versions, so that none of these has yet reached an "end of life" as defined on the website;
4) Item 5 is flawed because it refers to the non-existent class of "purchasers".
5) Item 7 is already a requirement.
There may be legal problems with the issue of creating an "untether", and publishing it, in that I understand that Finale makes use itself of licensed code, (that is to say, that MakeMusic did not write th code themselves, but obtained the code from others; and example of such code is the installation software itself), and it may be a violation of those licenses were Makemusic! to create and publish an untether the way Dennis suggests. ns
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