I'm by no means a license expert, but isn't a license tied to USE of the
software, not the physical media?  Maybe depends on the company? Many
software vendors just put the executables right on their website for
download.  Heck many even put it on third party shareware websites that
we all hate.  You just need a license to USE it.  So, is there a real
difference than downloading the software from the Internet as opposed to
downloading from another place on the Internet?

 

Being rhetorical, not suggesting it is actually legal.  I'm no lawyer.

 

From: Steve Kelsay [mailto:kels...@sctax.org] 
Sent: Friday, October 29, 2010 10:55 AM
To: NT System Admin Issues
Subject: RE: Flowchart PDQ version 1.1 - Need setup disk

 

What would be copyright infringement? We are not copying anything. I am
asking for the use of a legitimate copy of a disk to do what that disk
was sold to do, to make a licensed install of the product for which it
was sold Not additional copies, no illegal copies. No unlicensed copies.
They allow the setup disk to be copied to a network install location for
the same purpose. What would be the difference if I copy it to that
network location from my original downloaded file, disk, or another
legitimate downloaded disk?

 

From: Gary Slinger [mailto:gary.slin...@gmail.com] 
Sent: Friday, October 29, 2010 11:50 AM
To: NT System Admin Issues
Subject: Re: Flowchart PDQ version 1.1 - Need setup disk

 

You may see no copyright infringement, but the law would generally
disagree with you.   It's possible you have the "one" installation
license out there that isn't written the way Ben suggests, but I'd doubt
it.   Especially if it's old enough that the developer is no longer
around.  That's just the way those licenses were written, in general, at
that time - and you can disagree with them all you want, it doesn't
change them.

There are very good odds that what you're asking, publicly, is
technically illegal.  Can you do it?  Have IT Admins been doing it for
years?  Yup.   Does asking about it on a public mailing list make sense?
Not so much.

On Fri, Oct 29, 2010 at 11:44 AM, Steve Kelsay <kels...@sctax.org>
wrote:

That is all we want to do. Install it. The developer cannot provide
installation media. I licensed an install. Actually, several dozen
installs. I would like to do that. I see no copyright infringement if I
use a legitimate original copy of a setup media to install a licensed
copy of the software. Now, if the license was attached to that
particular disk, perhaps you would have a point, but it is not. It is
separate from the install media.

-----Original Message-----
From: Ben Scott [mailto:mailvor...@gmail.com]
Sent: Friday, October 29, 2010 11:29 AM
To: NT System Admin Issues
Subject: Re: Flowchart PDQ version 1.1 - Need setup disk

On Fri, Oct 29, 2010 at 10:36 AM, Steve Kelsay <kels...@sctax.org>
wrote:
> It would only be piracy if they were not licensed.

 "software piracy" has no legal definition.

 What you suggest would still be considered copyright infringement.

 When you buy a copy of software, you have the right to that one copy
-- that one disc.  You do not have right to make additional copies
unless license is granted.  The license typically grants you
permission to install it, and maybe make a backup.  In the world of
traditional payware, you're practically never granted permission to
distribute additional copies, even to someone else who had a separate
license.

 I doubt anyone would sue you over it, of course.

-- Ben

~ Finally, powerful endpoint security that ISN'T a resource hog! ~
~ <http://www.sunbeltsoftware.com/Business/VIPRE-Enterprise/>  ~

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Gary K. Slinger
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garyslinger
Profile: http://www.linkedin.com/in/garyslinger

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