Re: software licensing

[Richard Braakman <dark@xs4all.nl>]

Jarrod Henry wrote:
> On Thu, 3 Sep 1998, Richard Braakman wrote:
> > No, copyright law is not that strict.  The right to make an archival copy
> > is part of "fair use", which is pretty flexible.
> > 
> 
> Actually, this is wrong.
> 
> Backup copies do NOT fall into fair use.  If you own the original copy,
> you are bound to the license agreement.  Let me rephrase that, since you
> don't OWN anything.. if you purchase the right to use one copy as deemed
> by a license (software), then you are required to follow the rules inside
> the license.  

This applies only if you accept the validity of shrinkwrap licenses.

If I go to the bookstore and buy a book, I own that copy.
If I go to the bookstore and buy a CD-ROM, I own that copy.

There is no difference, no matter how much the software vendors jump
up and down about it.  If they want to limit the rights granted to me
by copyright law, they will have to get me to sign something.
Shrinkwrap licenses are not signed, and they give me nothing that I do
not already have.

Thus, I never purchase merely the right to use one copy.  I purchase a copy.

> Copyright laws do not allow you to make backup copies of items you
> purchase.

Here you yourself say "items you purchase" again :)
Copyright law does allow me to do this with items I purchase.

> Translating backup copies (which is provided
> for in licenses often) to being allowed under copyright law is an urban
> myth.

No, shrinkwrap licenses have never been held up in court.
They are the myth.

Richard Braakman