Duncan Neithercut wrote:
> In English law much depends on intent :

In Germany most licenses are usually not worth the electrons they're
stored with. There are several issues, but the main one is that the
sales contract is agreed upon the time of sale, all licenses you get
to see after you have bought a product are effectively nil because
they were not part of the sales contract. Software vendors try to
circumvent this by letting the user agree to the license before you
can actually use the product. The legal binding of this, too, is
doubtful, at least for private users, as it restricts them too much
without giving them any gain. But I'm not aware of cases where this
has actually been tested in court.

Usually software is bought (and not rented, which are really the only
2 options there are), and therefore can be used like all other things
that can be bought, for example a book: You can cross words out, write
new words in, even tell other people "hey, if you cross out that word
and write this instead, the book is much cooler". What you cannot do
is violate copyright law, i.e. make a copy of the book, with or
without your changes.

There is even a law that states that you are allowed to reverse
engineer something in order to make it inter-operate with other
products (this includes reverse-engineering of protocols and file
formats). This is even part of the EU software directive from 1991.

In summary, while almost all software products nowadays come with a
ton of legalese to read, at least in Germany vendors would have a very
hard time to actually enforce it. Of course the unelected shadow
government in Brussels (oh, don't get me started!) nowadays has two
ears for the industry and none for the people, therefore all this
might change in the future.

Marcel

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