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toxcct wrote: when you buy a software, you own only the license which allows you to use it, nothing much
This is what the industy wants to make you belive.
Disclaimer:
You are french, I am german so we probably have very similar law systems (code napoleon versus angloamerican and EU/UE vers USA). But most of my knowledge is limited to german laws.
All I say is under the assumption that we talk about "blister packed" software sold as a standard good. And pease remember that I am no lawyer
toxcct wrote: so once you bought a software, you're free to do what you feel wanting with it
Basically, yes.
For example, you can not be forbidden to re-sell the software.
A link to the german wikipedia:http://de.wikipedia.org/wiki/Ersch%C3%B6pfungsgrundsatz[^] Sorry, no french or englich translation, but the article states specifically that it is relevant in the whole EU/UE
Specifically, Microsoft has to tolerate the sale of unbundled OEM-Licenses.
Rule of Thumb: If you could do it with a book you own, you could do it also with Software you own. And giving away copys is forbidden with either!
"We trained hard, but it seemed that every time we were beginning to form up into teams we would be reorganised. I was to learn later in life that we tend to meet any new situation by reorganising: and a wonderful method it can be for creating the illusion of progress, while producing confusion, inefficiency and demoralisation."
-- Caius Petronius, Roman Consul, 66 A.D.
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maybe for reselling.
but what about decompiling, modifying and such things ?
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toxcct wrote: what about decompiling, modifying and such things
Forbidden by the copyright laws. No need to make EULA-fuss about that.
"We trained hard, but it seemed that every time we were beginning to form up into teams we would be reorganised. I was to learn later in life that we tend to meet any new situation by reorganising: and a wonderful method it can be for creating the illusion of progress, while producing confusion, inefficiency and demoralisation."
-- Caius Petronius, Roman Consul, 66 A.D.
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As I understand it‡, the EULA assigns rights to the user under certain conditions. If these conditions are breached, then any assigned rights are revoked. This then, potentially, opens you up to prosecution under Copyright law.
If you try to make the EULA into a ‘Contract’ rather than a ‘Licence’ then you are probably going to have trouble enforcing in legally. A contract is an agreement between two or more parities, not having explicit proof of who installed the software would cause problems legally. As the copyright owner has the right to grant permissions to anyone, licenses are effective without the assent of the end user.
‡ I am in no way a legal expert.
Regards,
Gary Harpin.
"...a computer is a stupid machine with the ability to do incredibly smart things, while computer programmers are smart people with the ability to do incredibly stupid things. They are, in short, a perfect match". - Bill Bryson
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You're right, most people don't read them. But the thing is, you need one to stand a chance when things get ugly and users start sueing you. It protects you from liability and limits garantuees that you otherwise would give implicit to the user (At least the law does in the Netherlands).
WM.
What about weapons of mass-construction?
"What? Its an Apple MacBook Pro. They are sexy!" - Paul Watson
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In all honesty, get a good lawyer and you can fight any EULA. You can also argue that different countries have different laws, and as far as software goes, there are many, many routes you can take to make any EULA worthless.
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I found that usually Ms Windows users tend to look for the "Next" button. People in the Linux world sometimes care about Licenses.
I don´t read in general the EULA texts, but try to use free software with well-known licenses (GPL, etc.).
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