[linux-elitists] Softman v. Adobe
Mon Nov 5 06:58:35 PST 2001
begin firstname.lastname@example.org quotation of Mon, Nov 05, 2001 at 09:15:37AM -0500:
> This is a pretty awesome decision. Do rulings on preliminary
> injunction requests become case law? Can this ruling be referenced in
> other cases? Pregerson seems to say very strongly that Software is
> sold, not licensed. He hints that shrinkwrap licenses are
> unenfoceable, but refuses to rule.
It depends on the form of the transaction. If you lay money down
on the counter and walk out with CDs in your pocket, it's a sale --
whether the seller tries to call it a "license" or not.
> Once you sign up for repeated payments it looks like the
> software publishers case for licensing gets quite a bit stronger.
If they get you to accept the license you're under their thumb.
But treat unwanted, bundled proprietary software like a book you
don't want to read -- you can sell your copy but not duplicate
and distribute. The case only addresses software/software bundles,
but hardware/software shouldn't be too much of a stretch.
Don Marti What do we want? Free Dmitry! When do we want it? Now!
email@example.com Free the web, burn all GIFs.
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