Please see below . . . ----- Original Message ----- From: "Abd ul-Rahman Lomax" <[EMAIL PROTECTED]> To: "Protel EDA Forum" <[EMAIL PROTECTED]> Cc: "JaMi Smith" <[EMAIL PROTECTED]> Sent: Monday, September 08, 2003 8:49 PM Subject: Re: [PEDA] License Legalities
> At 12:31 AM 9/8/2003, JaMi Smith wrote: > > A perfect example of . . . > Since Mr. Smith wrote . . . Abd, Ian, and the group, At the risk of being flamed on, I actually believe that I can bring this topic to a very short conclusion. If Abd or anyone else that is interested will simply go to the following link and then put a check next to Penal Code and then do a search on the word "software", and then find his way to California Penal Code Section 502. ===> http://www.leginfo.ca.gov/calaw.html In an effort to keep this short, this deals directly with the issue of software, and "computer crime", which is the issue at hand, and forgoes any discussion of Cable TV "signal theft" which was brought up by me as an example (and which Abd actually admits is an exact parallel of his argument), and which I am also willing to discuss further offline. Please note that this is the Penal Code, which deals with "public offenses" (i.e.: crimes - "criminal law"), and does not even address the issue of "civil law" (which is another whole large case of cans of worms). Please read the entire section carefully, especially the "intent" portion of subdivision (a), and specifically note: 502 . . . (b) For the purposes of this section, the following terms have the following meanings: . . . (6) "Data" means a representation of information, knowledge, facts, concepts, computer software, computer programs or instructions. Data may be in any form, in storage media, or as stored in the memory of the computer or in transit or presented on a display device. . . . (c) Except as provided in subdivision (h), any person who commits any of the following acts is guilty of a public offense: . . . (2) Knowingly accesses and without permission takes, copies, or makes use of any data from a computer, computer system, or computer network, or takes or copies any supporting documentation, whether existing or residing internal or external to a computer, computer system, or computer network. . . . (d) (1) Any person who violates any of the provisions of paragraph (1), (2), (4), or (5) of subdivision (c) is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in the state prison for 16 months, or two or three years, or by both that fine and imprisonment, or by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. . . . And please don't be so ridiculous as to try and say that making a copy to take home without permission for your own personal use or your own commercial use in performing work for yet again someone else is within the normal scope of your employment. Please note that if your employer caught you trying to take a copy of his $8K Protel software without his permission, and he was ticked off enough at you and wanted to make an example out of you and call the police, the charge upon which you would be arrested, handcuffed, and hauled off to jail, would be Section 502(c)(2) of the Penal Code (I am sorry that I do not have an Annotated Copy in front of me so that I can give you further details from the actual "case law"). Needless to say, there would be many other things that he could additionally do to you in terms of "civil law". Please also bear in mind that if Altium were in fact to attempt to make an example out of your employer and go after your employer in a big bucks "civil lawsuit" for violating the license agreement, your employer would have a very very large incentive to "offload" the whole problem onto you by simply pressing criminal charges against you based on the above section of the Penal Code (or whatever local equivalent there may be in your "neck of the woods"). While I can't actually find a copy of my EULA right this very minute for my Protel 99 SE, which I purchased from Altium North America here in California, I do know that my EULA for my Protel DXP specifically states that it is governed by the Laws of the State of California. Abd (or anyone else), If you wish to carry this discussion any further, please contact me offline, and I will be glad to discuss it further with you. JaMi * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * To post a message: mailto:[EMAIL PROTECTED] * * To leave this list visit: * http://www.techservinc.com/protelusers/leave.html * * Contact the list manager: * mailto:[EMAIL PROTECTED] * * Forum Guidelines Rules: * http://www.techservinc.com/protelusers/forumrules.html * * Browse or Search previous postings: * http://www.mail-archive.com/[EMAIL PROTECTED] * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
