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somebody wrote:
> "Invisible" <voi### [at] devnull> wrote in message
> news:486267b2$1@news.povray.org...
>
>> So, the software is freely downloadable from their website, without any
>> kind of restrictions, does not require any form of access code to
>> activate, and when obtained legally comes with nothing to certify it's
>> legality. But to use it you must "obtain a license".
>>
>> Is it just me, or does that seem weird to you?
>
> Not weird. Downloading and using are different.
I think what's weird is that you don't need to agree to the license
before you download it.
What's illegal about using the software without a license?
> Think of it as shareware
> with 0 day limit but not crippled, which may be what's confusing you.
Except if the shareware didn't say "you have to pay for this" up front,
you'd be justified in continuing to use it. (I am not a lawyer, and I'm
talking about "legally justified" not morally justified, perhaps.)
> the fact that the software functions without licensing does not make
> using it without obtaining one any less illegal.
The fact that the license is presented after you already have a
functioning version of the software is what makes the license
meaningless, at least in the USA.
The way you force someone to agree to the license is to tell them they
don't have a license to *copy* the software without agreeing to the use
license. Then copyright law prevents you from using it after you copy it.
Of course, much of what the "license" seems to be restricting is stuff
already controlled by copyright law in the USA. Indeed, that whole "you
get to make one backup copy" is indeed copyright law, not license law,
in the USA - if your license said you weren't allowed to make a backup,
it would be unenforcable anyway, even *if* I explicitly agreed to it.
Basically, the license seems to be saying "you're not allowed to make
more copies once you've downloaded it." The emulation bit might be a
bit tough to enforce - I don't know the law on that one.
(Indeed, the backup clause sounds so USA I suspect the company got the
license from a US company, or is a US company.)
--
Darren New / San Diego, CA, USA (PST)
Helpful housekeeping hints:
Check your feather pillows for holes
before putting them in the washing machine.
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