Darren New wrote:
> 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?
> 

I can download Windows XP without reading a license, that doesn't give 
me permission (license) to use it.

>> 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.)
> 

I think lawyers would disagree. It's a hazy area. Let's say I put up 
some java based website that does something that people want to do. I go 
to no trouble of hiding the java files, and maybe even leave the source 
code out there for people to look at. Just because it is available does 
not mean that someone else could take that source code and build a 
duplicate site. I would still have copyright and they would be using an 
unlicensed copy of the code.

If, however, I said 'download the source code here to use it' that would 
change a lot of things.

>> 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.
> 

According to whom? Inside the box and click-thru while installing 
licenses are still common in the USA. I agree they are evil, but they 
are still being enforced. You have the working version of the software, 
and still have to agree to the license before using it.

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