Re: OSD compliant shareware

2001-11-19 Thread David Woolley
David Johnson wrote: As long as I obey the law with regards to copyright, then it is impossible for me to violate the GPL. Thus I am safe in not agreeing to it. That means that you never download the software from a distribution site, or copy it off borrowed media, and never redistribute

Re: OSD compliant shareware

2001-11-19 Thread David Johnson
On Monday 19 November 2001 05:05 am, David Woolley wrote: David Johnson wrote: As long as I obey the law with regards to copyright, then it is impossible for me to violate the GPL. Thus I am safe in not agreeing to it. That means that you never download the software from a

Re: OSD compliant shareware

2001-11-18 Thread David Johnson
On Saturday 17 November 2001 05:59 pm, John Cowan wrote: As I said, action can give consent, and a restaurant menu is just as much a contract of adhesion (one-sided) as a Microsoft EULA. A menu at a restaurant clearly lays out the terms of the contract: a particular price in exchange for a

Re: OSD compliant shareware

2001-11-18 Thread John Cowan
David Johnson scripsit: A menu at a restaurant clearly lays out the terms of the contract: a particular price in exchange for a particular item. The fact that you pay fo the item after you have used it does not make it very much different from any other commercial transaction. Not my

Re: OSD compliant shareware

2001-11-18 Thread Chris D. Sloan
On Sat, Nov 17, 2001 at 08:59:21PM -0500, John Cowan wrote: As I said, action can give consent, and a restaurant menu is just as much a contract of adhesion (one-sided) as a Microsoft EULA. On Sun, Nov 18, 2001 at 06:45:54PM -0500, John Cowan wrote: David Johnson scripsit: A menu at a

Re: OSD compliant shareware

2001-11-18 Thread Chris D. Sloan
Sorry about that. I accidently sent the message while it was incomplete... On Sun, Nov 18, 2001 at 06:04:47PM -0800, Chris D. Sloan wrote: On Sat, Nov 17, 2001 at 08:59:21PM -0500, John Cowan wrote: As I said, action can give consent, and a restaurant menu is just as much a contract of

Re: OSD compliant shareware

2001-11-17 Thread John Cowan
David Johnson scripsit: The current legal climate that allows licenses to unilaterally declare that an agreement is in place is anti-civilization. *shrug* As I said, action can give consent, and a restaurant menu is just as much a contract of adhesion (one-sided) as a Microsoft EULA. --

RE: OSD compliant shareware

2001-11-16 Thread Humphreys, Noel
that? Noel -Original Message- From: David Johnson [mailto:[EMAIL PROTECTED]] Sent: Thursday, November 15, 2001 9:50 PM To: John Cowan Cc: [EMAIL PROTECTED] Subject: Re: OSD compliant shareware On Thursday 15 November 2001 07:15 am, John Cowan wrote: Just because some license declares

Re: OSD compliant shareware

2001-11-16 Thread John Cowan
Humphreys, Noel wrote: David Johnson wrote: In the case of the GPL, and most other OSS licenses, I can completely ignore the license, place a full page ad in the NYT saying I Disagree, get an official judicial decree that I have not agreed, and STILL be able to use the software

Re: OSD compliant shareware

2001-11-16 Thread [MOc]cda*mirabilos
Not at all. Note the term use the software; copyright law doesn't limit uses (except for DCMA). Developers think of using software, especially libraries, as incorporating it into their own works, but that is not the kind of use meant here. Isn't it that the GPL covers mainly

RE: OSD compliant shareware

2001-11-16 Thread Humphreys, Noel
: John Cowan [mailto:[EMAIL PROTECTED]] Sent: Friday, November 16, 2001 2:47 PM To: Humphreys, Noel Cc: 'David Johnson'; [EMAIL PROTECTED] Subject: Re: OSD compliant shareware Humphreys, Noel wrote: David Johnson wrote: In the case of the GPL, and most other OSS licenses, I can completely

Re: OSD compliant shareware

2001-11-16 Thread David Johnson
On Friday 16 November 2001 07:04 am, Humphreys, Noel wrote: David, you're saying that, fundamentally, open-source licensing simply doesn't work under US law. I don't understand why you think that you can get a judge to declare that you may simply disregard the license. Would you please

Re: OSD compliant shareware

2001-11-15 Thread John Cowan
David Johnson wrote: If I have not agreed to a license then I have not agreed to the license. True enough, but assent can be inferred from actions; it need not be verbal or explicit. The act of ordering food in a restaurant is assent to a contract which obliges you to pay for it. IANAL,

Re: OSD compliant shareware

2001-11-15 Thread David Johnson
On Thursday 15 November 2001 07:15 am, John Cowan wrote: Just because some license declares that I have agreed to it does not make it so. In the case of the GPL, it says If you agree to these rules, you may do these things. If you don't agree, you are not bound, but you can't do them

Re: Fails OSD #1. [Re: OSD compliant shareware]

2001-11-14 Thread John Cowan
Bruce Perens scripsit: I haven't read the decision in MAI vs Peak, In brief: it said that a computer maintenance company (neither owner nor licensee) couldn't run proprietary OS software, already installed, for hardware testing purposes, because that involved making copies; the 117 safe harbor

Re: Fails OSD #1. [Re: OSD compliant shareware]

2001-11-14 Thread Gregor Hoffleit
* Bruce Perens [EMAIL PROTECTED] [04 05:33]: It's been pointed out that: 1. The OSD is not written in statutory language. 2. That it says what you _can't_ do rather than what you can and thus makes it easy to find loopholes, because there is an unbounded set of activities that it

Re: OSD compliant shareware

2001-11-14 Thread John Cowan
Samuel Reynolds wrote: In general, the right to *use* the work is implied by ownership of a copy of the work, and limited to the copy of the work that one owns. Right enough. For example, paintings (with a very few, contractually-obligated exceptions) can be displayed publically or

RE: OSD compliant shareware

2001-11-14 Thread Samuel Reynolds
-Original Message- From: John Cowan [mailto:[EMAIL PROTECTED]] Sent: Wednesday, November 14, 2001 10:07 AM Subject: Re: OSD compliant shareware Samuel Reynolds wrote: In general, the right to *use* the work is implied by ownership of a copy of the work, and limited

RE: OSD compliant shareware

2001-11-14 Thread Forrest J Cavalier III
Okay. But my point was that the copyright holder can grant portions of his rights under copyright without obtaining the signature of the recipient(s), while usage rights require a contract. Do you think the GPL creates a contract? -- license-discuss archive is at

RE: OSD compliant shareware

2001-11-14 Thread Humphreys, Noel
Message- From: Samuel Reynolds [mailto:[EMAIL PROTECTED]] Sent: Wednesday, November 14, 2001 2:03 PM To: [EMAIL PROTECTED] Subject: RE: OSD compliant shareware -Original Message- From: Forrest J Cavalier III [mailto:[EMAIL PROTECTED]] Sent: Wednesday, November 14, 2001 11:52 AM

Re: OSD compliant shareware

2001-11-14 Thread Russell Nelson
Forrest J. Cavalier III writes: 2. You may compile this into an executable form, or modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1

Re: OSD compliant shareware

2001-11-14 Thread David Johnson
On Wednesday 14 November 2001 12:06 pm, Humphreys, Noel wrote: Signatures are not always necessary for formation of contracts. Software license arrangements fit comfortably within normal contract analysis patterns, and courts treat them that way. It's a mistake to think courts would not

Fails OSD #1. [Re: OSD compliant shareware]

2001-11-13 Thread Bruce Perens
not qualify as owners of the software and are not eligible for protection under  117. This means the copying of the program into RAM is governed by the terms of the license. I have written what I think is an OSD compliant shareware license (below), and some on the license-discuss