EULA and Modifed BSD

[Matthew Flaschen]

Chris Travers wrote:
> IANAL, but I think you have to be careful with that.  There was a case
> involving Adobe a few years ago relating to the applicability of a EULA to
> distribution of software.  Basically the EULA prevented unbundling, but the
> guy who did it never installed the software, so he never agreed to the
> EULA.  Hence the court found that he was not bound by it.  EULA's may
> include lots of things, but as long as they are agreed upon through
> installation they cannot be assume to bind distribution where the software
> would not be installed first.

I don't believe unbundling (a subset of first sale) is distribution
under copyright law.  So this guy was free to ignore the EULA because he
didn't need any special permission for the unbundling.

Matt Flaschen