Re: Legal status of software licences
Aigars Mahinovs wrote:
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!
C is doing something illegal if it know that the copy is not
a legal copy.
Else he can use the copy until someone tell him that it is illegal,
and he can sue B, to have a real/legal copy.