Bernd Kreuss schrieb:
On 31.07.2010 13:44, Martin wrote:

As far as German law is involved...

- using a software without license (and I doubt you get a license for
IDeneb) is probably not legal anywhere on this world

Ok, I looked at their website and they seem to distribute the whole OSX, I initially thought it was just a patch for an existing copy that I legally own. Distributing the patched version does indeed violate copyright laws. Whether *downloading* it (especially If I already own a valid license for OSX) violates the law is another question.

Downloads from not authorized sites are illegal, in detail for software downloads, for which exists nothing like "Privatkopie".

For the restriction of on which hardware to use it and where not (according to apple's wishes) if you did not explicitely *sign* a contract with Apple in which you bind yourself to their usage limitations you simply have bought a software license and the only restrictions that apply are the default laws about bought software licenses.

A download requires an according license, that also may restrict the use of the downloaded material. §69d UrhG does not normally apply to downloads (kein Präzedenzfall bekannt).


They could grant additional rights to you like the GPL and similar licenses do but they cannot take away rights that are already given to you by the law by simply stating it somewhere. They would require you to sign a contract with them to legally bind you to their restrictions.

Contracts must not exist on paper, and they can be accepted without written consent ("konkludent").

The same applies to jailbreaking your iPhone and similar things. If it is yours (you bought it, its yours, not theirs anymore) you can do with it whatever you want.

The owner of a material thing (Eigentümer) still must respect third party rights (UrhG...).


For strictly local private use the eleventh commandment applies:
"Thou shallst not be found out" (Du sollst Dich nicht erwischen lassen ;-)

DoDi


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