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Legal status of software licences

Hello all

I am reading a document by OSDL, namely:

On the third page I read that copyright doesn't limit use of the
product. That the only legal barier to usage of comercial software is
the click trough licence agreement or contracts behind shrinkwrap.
First, is this true?

If it is then I can imagine such scenario:

Hacker A opens the shrinkwrap, and hacks install to disable the licence
agreement and the serial number
Developer B download the resulting install from Donkey and burns a CD
User C gets the CD as a present (or buys it) from B and installs the

Is C doing anything illegal in this case?

He has not opened the shrinkwrap (thus not agreed to the licence
agreement on the box).
He has not agreed to the licence at install time.
He has not copied the software (thus not disturbing copyright law)
He is simply using the software! :)

Please tell me this isn't true!

Best regards,
    Aigars Mahinovs        mailto:aigarius@debian.org
 |     .''`.                                                    |
 |    : :' :         Debian GNU/Linux    &         LAKA         |
 |    `. `'       http://www.debian.org     http://www.laka.lv  |
 |      `-                                                      |

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