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Re: Re: DVD legal maneuvers (decss and the lawyers) (fwd)




----- Forwarded message from Sunder -----

Date: Tue, 04 Jan 2000 20:09:10 -0500
From: Sunder <[email protected]>
Subject: Re: CDR: Re: DVD legal maneuvers (decss and the lawyers) (fwd)

Yeah, so, again, you tell me when the shrinkwrap license becomes a binding
license when I buy MotherFuckerPro V2.3 but don't install it, and rather just
read the disk with a Hex Editor.  At what point is the shrinkwrap/installer
license binding if I haven't even installed the software???

[ When the exchange of goods/services is finalized, most likely when they
  take the money and you get the box and the receipt. When the box is
  considered in your possession you are bound. Whether it is installed
  or not is irrelevant.

  One may buy the rights or privilige of use for just about anything, but
  that doesn't mean you have to actualy use it. ]
 
Yes, I specifically pointed this out in my messages.  Quit trying to avoid it. 
Installer/Shrinkwrap licenses don't come into effect by my fair use.  Fair use
includes reviewing the software, quoting from it, etc.  But not copying it, nor
lending it.

[ No, actualy you didn't in the same context I used the example. The
  installer/shrink-wrap license come into play the moment your right to
  install it becomes valid.

  Whether you actualy express that right is irrelevant to your obligation
  to honor it. ]

I have never stated that fair use was giving away copies of the software.  I
have stated that the copyright on the software and the shrinkwrap/installer
licenses are two separate beasts and that one does not make the other valid. 
Further I stated that I don't have to agree to said license and can legally
still read the CD, even without installing it, and use the software.

[ They are not seperate beasts, they are different views of the same beast.
  So much for your off color joke of animal law.

  Copyright law stipulates who may make the contract legaly, that's it.
  Nothing magical or hard to understand there.

  What the contract actualy says is a consensual agreement that you'd be
  a party to at time of purchase. That contract is controlled by contract
  law, of which copyright is a sub-set. ]

----- End of forwarded message from Sunder -----

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