Re: DVD CCA - more bad news (fwd)

2000-01-23 Thread Lynn Winebarger
On Sun, 23 Jan 2000, Richard Makin wrote:

> >   Is anyone working on programs to decompress/install programs without
> >forcing the installer to agree to a "click-wrap" EULA?
> 
> 
> First of all, in many countries, including Norway, reverse engineering is
> explicitly permitted by law _even_ if EULA states otherwise. Some software
> vendors have realised this and add "...is prohibited unless explicidly
> granted by law and only to the extent expressed in this law". So the case
> would be clear in a Norwegian court.

   Yes, but there's other places (like where I live) where the situation
isn't as crystal clear.
> Secondly, Xing Player (as well as many other programs) can be installed
> without clicking "OK", although often it requires ingerence in the
> program/setup script itself.

This isn't just about the DVD encryption algorithm.  There are other
things to be reverse engineered, and while I don't consider EULA's to be
binding, it would be nice to be able to tell a court I didn't in any way
agree to a click-wrap license.

> Anyway - when I have already paid for the program, and I don't like the
> license - will they give me my money back?
> Thirdly, if the case is lost in the USA on the basis of this "EULA click" we
> may consider setting up DeCSS servers in countries where laws are more
> consistent.

   Since I live in the USA, I would like to find a way around the click
wrap EULA even if the judiciary (in a fit of poor thinking) decides that
clicking on a button to make something you've already paid for work is
legally equivalent to going into a room and negotiating a contract with
someone.

Lynn



Re: DVD CCA - more bad news (fwd)

2000-01-23 Thread Richard Makin
>   Is anyone working on programs to decompress/install programs without
>forcing the installer to agree to a "click-wrap" EULA?


First of all, in many countries, including Norway, reverse engineering is
explicitly permitted by law _even_ if EULA states otherwise. Some software
vendors have realised this and add "...is prohibited unless explicidly
granted by law and only to the extent expressed in this law". So the case
would be clear in a Norwegian court.
Secondly, Xing Player (as well as many other programs) can be installed
without clicking "OK", although often it requires ingerence in the
program/setup script itself.
Anyway - when I have already paid for the program, and I don't like the
license - will they give me my money back?
Thirdly, if the case is lost in the USA on the basis of this "EULA click" we
may consider setting up DeCSS servers in countries where laws are more
consistent.


Re: Not for commercial use - non-free?

2000-01-23 Thread Raul Miller
On Sat, Jan 22, 2000 at 04:22:52PM -0500, Joe Drew wrote:
> Non-commercial, royalty or revenue free - the end user shall not use the
> computer code for revenue-bearing purposes. Well, that qualifies it for
> non-free, but we can distribute it, right?

Right.

-- 
Raul


Re: Not for commercial use - non-free?

2000-01-23 Thread Bruce Perens
From: Joe Drew <[EMAIL PROTECTED]>
> Probably, but this is actually the license for Descent 2.

Duh! I was thinking of a different Parallax Software Inc.

Thanks

Bruce


Re: Not for commercial use - non-free?

2000-01-23 Thread Joe Drew
On Sat, Jan 22, 2000 at 06:11:49PM -0500, Branden Robinson wrote:
> On Sat, Jan 22, 2000 at 04:22:52PM -0500, Joe Drew wrote:
> > THE COMPUTER CODE CONTAINED HEREIN IS THE SOLE PROPERTY OF PARALLAX
> > SOFTWARE CORPORATION ("PARALLAX").  PARALLAX, IN DISTRIBUTING THE CODE TO
> > END-USERS, AND SUBJECT TO ALL OF THE TERMS AND CONDITIONS HEREIN, GRANTS A
> > ROYALTY-FREE, PERPETUAL LICENSE TO SUCH END-USERS FOR USE BY SUCH END-USERS
> > IN USING, DISPLAYING,  AND CREATING DERIVATIVE WORKS THEREOF, SO LONG AS
> > SUCH USE, DISPLAY OR CREATION IS FOR NON-COMMERCIAL, ROYALTY OR REVENUE
> > FREE PURPOSES.  IN NO EVENT SHALL THE END-USER USE THE COMPUTER CODE
> > CONTAINED HEREIN FOR REVENUE-BEARING PURPOSES.  THE END-USER UNDERSTANDS
> > AND AGREES TO THE TERMS HEREIN AND ACCEPTS THE SAME BY USE OF THIS FILE.
> > COPYRIGHT 1993-1999 PARALLAX SOFTWARE CORPORATION.  ALL RIGHTS RESERVED.
> > 
> > Non-commercial, royalty or revenue free - the end user shall not use the
> > computer code for revenue-bearing purposes. Well, that qualifies it for
> > non-free, but we can distribute it, right?
> 
> You dog, I was working on this one.
> 
> /me drops a smart mine in Joe's path

Grin. Take it ;) All I care about is that it's available. (Working on d1x too?)
And is it legal?