[linux-elitists] Softman v. Adobe

Don Marti dmarti@zgp.org
Mon Nov 5 06:58:35 PST 2001

begin hirsch@zapmedia.com 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!
dmarti@zgp.org                                  Free the web, burn all GIFs.

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