Copyright vs? Click-wrap "contract"

[John Cowan]

Brendan Hide scripsit:

> The first two books I pick up from the shelves:
> The Concise Oxford Dictionary, reads:
> "(c) Oxford University Press 1999
> 
> Database right Oxford University Press (makers)
> First published 1999
> 
> All rights reserved. No part of this publication may be reproduced, 
> [remainder snipped]

[second example snipped]

> These look like licenses to me.

They're not.  They are warnings that the standard rights of copyright
owners are reserved.  A license includes a grant of rights: these
notices are anti-licenses that don't grant anything.

But as owner of a lawful copy, you still have lots of rights, just not
the five standard copyright rights.

> You're also supposed to get fair use rights, of course. I forgot to 
> mention that I'm South African and that my experience of US law is 
> limited to cliché television programs (and reading the license-discuss 
> list).

ZA is a signatory to the international copyright treaties, so its law
is pretty well aligned with everyone else's.  It may differ in the
question of copyright terms, moral rights, etc.

> I should have said "do anything beyond the rights given to you by fair 
> use law" rather than use.

You are misusing the term "fair use".  Anyway, the ZA legal term is "fair
dealing".

> Does this mean that, if I don't read the license for MS Windows XP (I 
> haven't and never will - I refuse to install such a trojan), and I let 
> my 8-year-old sister click on "Agree", that I can reverse-engineer 
> Windows XP? In South Africa, the receipt would count for diddly squat. 

Minors can't make valid agreements.

Not reading a license does not relieve you of it, any more than trying
to walk out of a store with something is legal if you haven't read the
price tag.

> You can't make a "backup" copy unless the license specifically says so.

This is a matter of local law, and may be true in ZA.

-- 
Her he asked if O'Hare Doctor tidings sent from far     John Cowan
coast and she with grameful sigh him answered that      www.ccil.org/~cowan
O'Hare Doctor in heaven was. Sad was the man that word  www.reutershealth.com
to hear that him so heavied in bowels ruthful. All      jcowan at reutershealth.com
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