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Subject: Re: Hypothetical Question...

Author: Dave Gomboc

Date: 12:08:50 11/28/99

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On November 28, 1999 at 14:51:37, Dave Gomboc wrote:

>On November 28, 1999 at 14:22:52, Steven Schwartz wrote:
>
>>On November 28, 1999 at 13:41:55, Dave Gomboc wrote:
>>
>>>On November 28, 1999 at 13:24:38, Christopher A. Morgan wrote:
>>>
>>>>No free speech in Sweden?  Who cares whether author "prohibits"
>>>>testing.  The tester buys the program on open market and tests
>>>>it and publishes results. Period. Does Consumer Reports say we
>>>>couldn't test a product because manufacturer wouldn't let us?
>>>>Sure, could be problems in the methodology of the tests resulting
>>>>in bias towards a program, opening SSDF to potential law suit,
>>>>but does anyone think that is even a remote possibility?
>>>
>>>If you would like to purchase the software and hardware, perform the testing,
>>>and report the results, we'll be happy to listen to what you come up with.  But
>>>if you break the license agreement and end up in court, it's your own fault, and
>>>problem.
>>>
>>>Not liking a licence doesn't give you the moral authority to break it.  If you
>>>don't like it, you shouldn't agree to it, so don't buy the program.
>>>Dave
>>
>>Hypothetical #1...
>>The license agreement says, "If you purchase this piece of software,
>>you agree to use it, but you may not tell anyone whether you win or
>>lose against it nor what you think of it in any public or private forum."
>>What do you do?
>
>Not buy the piece of crap.
>
>>Hypothetical #2...
>>The license agreement says, "If you purchase this piece of software,
>>you agree to use it, but you may not tell anyone that it lost any
>>games nor can you mention that you are unhappy with it in any way
>>in any public or private forum. You may only speak of its won
>>games and/or give positive feedback." What do you do?
>
>Not buy the piece of crap.
>
>>Hmmmmm....
>>- Steve (ICD/Your Move)

I should add that I don't believe either of these licences would stand up in
court.  If someone was a lawyer (or could afford one) they might go ahead, buy
the product, break the agreement repeatedly to provoke the company to sue them,
and have their licence shredded by a judge.  Blasting the licence publicly can
be effective too, though.  I still remember when Borland Pascal 7.0 came out
with a licence that prohibited software development for products that would
compete with Borland's own products.  That was a big fiasco for Borland, and
they ended up eating crow and rewriting it.

Dave



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