EULAs

[David Johnson]

On Wednesday 05 June 2002 06:49 am, M. A. T Pai wrote:

> By the same logic, mere use of software amounts to implied assent to the
> terms
> set by the copy right older.  In other words, going by general
> principles, of
> law of contracts, mere use of a software can be taken as implied assent
> to the
> terms of licensing spelt out by its owner.

Okay, another analogy. By reading a paperback book are you implying consent to 
the terms of the author you didn't happen to notice on the copyright page? 
Should the S.O.P of summertime on-the-beach paperback reading start with a 
perusal of the front matter and a call to your lawyer?

The big difference between using software and riding on the bus is that you 
have no legal right to ride on a bus without paying a fare, but you do have 
the legal right to use the software which you own a copy of without having to 
get the author's permission. That's a right specified in 17 USC 117. 
Furthermore, if you fail to pay your bus fare, you will likely be cited for 
one misdemeanor or another, but you will most certainly not be sued for 
breach of contract.

-- 
David Johnson
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