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Re: EULAs and the DFSG



Andrew Suffield <asuffield@debian.org> writes:

> On Thu, Dec 05, 2002 at 04:56:10AM +0100, Sunnanvind Fenderson wrote:
>> This is very different from EULAs because with them the end user gets
>> *less* rights that normally given by copyright
>
> The rights normally given by copyright are virtually nil; you have the
> right to quote it for critical purposes and so on, but not the right
> to use it. A "EULA" generally grants you the right to use it.

Are you saying that if I buy a book, I don't have the right to read
it, sit on it, or otherwise use it without a license to do so from the
copyright holder?

If you aren't saying that, are you saying that if I purchase and
download some commercial software, I don't have the right to use it
without a license to do so from the copyright holder?

Where's the difference?

>> Jakob Bohm <jbj@image.dk> writes:
>> > Click agree to accept this license and the lack of warranty.
>> > Click decline to not use, copy or distribute this software.
>> 
>> The main problem is that that's simply not true - you _can_ use the
>> software without accepting the license[1].
>
> Ah. I see your confusion now. You really can't legally use the
> software without accepting the license, but the GPL imposes no
> conditions upon your acceptance of paragraph 0 which grants you usage
> rights. You could call this paragraph a "EULA", if you really wanted
> to, but there's little point in doing so.

That isn't the section 0 I'm looking at:

     Activities other than copying, distribution and modification are
     not covered by this License; they are outside its scope.  The act
     of running the Program is not restricted

That isn't a license to use the program, it's a note that copyright
law already gives you that right without a license.

-Brian

-- 
Brian Sniffen                                       bts@alum.mit.edu
		    http://www.evenmere.org/~bts/
	      Available for security-related employment.



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