Re: How free is Debian
Brad writes:
> A brief internet search resulted in me reading an article stating
> that, in the USA at least, the EULA supersedes the user's legal
> allowance for reverse engineering (case cited in the article) the
> software.
> So, when a person agrees to the terms of the EULA, they waive their
> legal right to reverse engineer. If you wish to NOT waive your
> rights, then you don't accept the EULA. Of course you then won't be
> able to install, never mind use, the software. Catch-22.
An EULA is a civil contract having nothing to do with patent or
copyright law. You agree to it as a condition of sale: in addition to
promising to pay the seller some money you also agree to refrain from
certain actions such as reverse engineering or selling your purchased
copy that copyright law alone would permit you to do[1]. Of course, a
contract cannot be imposed after the transaction is complete. The
(shaky) theory of the shrinkwrap license is that you can read the
contract before you open the package and can then return the unopened
package for a refund if you don't like it. Before downloading[2]
purchased software you usually have the opportunity to read the
contract. However, when you download[2] a package from Debian Non-free
with full permission from the copyright owner and only later discover
a "license"[3] that purports to revoke some of the rights you would
otherwise have as a legitimate owner of a copy it's too late to
establish a contract (other elements of a contract are also missing).
[1] You do *not* need any sort of license to use, sell, or give away a
copy that you legitimately own. Note, however, that under copyright law
a "copy" is a tangible object such as a printed book, a CD, or a
portion of your hard drive. Copyright law limits the making of copies,
not the disposition of them. It also grants owners of copies of
software limited rights to make copies (but not to distribute them).
[2] When you "download a copy" you create a physical, tangible copy that
you own in the same sense as you would by copying the material off the
screen with a pen and paper that you own.
[3] This is almost exactly the same as the original "first sale
doctrine" case in which a publisher printed a statement on the title
page of a book saying that in purchasing a copy of the book the buyer
agreed not to resell the copy. That publisher lost in court.
--
John Hasler
jhasler@newsguy.com
Elmwood, WI USA
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