[net.micro] Software Legalities and Shrink-Wrap Licenses

SECRIST%OAK.SAINET.MFENET@lll-mfe.arpa (12/20/85)

Date:    Fri, 20-DEC-1985 00:27 EST
To:      Info-Micro@BRL.Arpa
Message-ID: <[OAK.SAINET.MFENET].60C95320.008E7C39.SECRIST>
Organization: Science Applications Int'l. Corp., Oak Ridge, Tenn.
Geographic-Location: 36 01' 42" N, 84 14' 14" W
CompuServe-ID: [71636,52]
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The following   is   a   short   flame   about  software  legalities  and  a
flame/proposal on the shrink-wrap license.


SOFTWARE LEGALITIES

The legalities of software are enough to turn most anyone's brain into mush.
A  short  and simple rule that can be applied to such things is the "do unto
others..." theory; I believe it is a matter of intent and profit.

The software  police are not going to jump out of a closet if you rip the DO
NOT  REMOVE  tag  off  of a pillow.  A hack of your ROMs for yourself in the
privacy  of  your  garage  one  afternoon  is  not  going  to bring the free
enterprise  system  to  its  knees.  Usually the legal-types only descend if
there  is  money  in  it:  one  copy  of  Wordstar  for  100  corporate PCs;
plain-wrapper  copies  of MS-DOS from the local computer store... and so on.
If  your  intent  is to defraud and sell somebody else's refrigerator to the
eskimos  I say - hey, they're adults - get out the tar and feathers. You can
shrink-wrap  worry  your brain to death - but as long as you keep your hacks
to  yourself  no  one will be the wiser, and it can't be much different that
taping  an  album  for  yourself.  Start copying for your friends and you're
asking to have your entropy maximized.


DRESSED IN SHRINK-WRAP

Although shrink-wrap  licenses  are unfortunate, and I disagree with them in
concept,  we're  living in an age where a guy can break into your house at 4
a.m.  and  maybe  even  sue  you  if you bash him over the head. Pretty sad,
folks.   So   think   about  marketing  this  software  yourself  and  being
incorporated  in someplace like California. Wait until some hospital or NASA
is  after  you  for having your software ultimately result in a death or the
loss  of  a  Jupiter  probe.  How do you resonably protect yourself from THE
PEOPLE'S  COURT  ?  Rather  than  discuss how sharply such agreements inhale
sharply  we  should  come  up  with  a reasonable license here on the net by
consensus.  Comments anyone ?

Richard
SECRIST%OAK.SAInet.MFEnet@LLL-MFE.Arpa