philip@pescadero.stanford.edu (Philip Machanick) (04/28/91)
All this talk about paying for System 7 and what Apple's software licence really says lead me to digging out my own copy (for System 6.0.7). At the top in capitals is proclaimed: IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, PROMPTLY RETURN THE UNUSED SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT AND YOUR MONEY WILL BE REFUNDED. What a nice deal. I wish I had seen this earlier. My copy of the system software was bundled with a Mac, for which I paid $1500. No mention was made of a separate charge for the software. As I read this, I can take the software back and keep the hardware, and I'll get my full $1500 back, as long as I don't agree with the terms of the licence. What can I do with a Mac without a system software licence? Why, sell it to someone who is prepared to shell out $50 (or whatever) for a copy of the software from a dealer, of course. Everyone says what smart lawyers Apple has. I didn't really believe it before. Philip Machanick
laird@chinet.chi.il.us (Laird J. Heal) (04/29/91)
In article <1991Apr28.030649.25860@neon.Stanford.EDU> philip@pescadero.stanford.edu (Philip Machanick) writes: > > IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, PROMPTLY RETURN THE > UNUSED SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT AND YOUR MONEY WILL > BE REFUNDED. > >What a nice deal. I wish I had seen this earlier. My copy of the system >software was bundled with a Mac, for which I paid $1500. This is the problem with such shrink-wrapped licenses, and the reason that they are so typically difficult to enforce. Any company proclaiming such a license so baldly has something stuck somewhere - and since almost every company fits both categories, we are stuck somewhere too. The Federal law of Copyright assures the rightful possessor of software his rights, which state laws may not modify except as to define rightful possession. A shrink-wrapped "contract" can only be enforced as a state legal matter, and Vault v. Quaid went a long way to stating that what you get is yours to mangle, or at least freely diassociate. The upshot is to follow the Federal Copyright Act (you can quote the latest version verbatim, right?) _or_ if you really want your money back, take them at their word and return the merchandise. Maybe if enough people do that the license will change, but personally I bought the computer for its own use, not for the license terms. When you go to the store and buy the computer the salesperson does not ask if you are going to build a nuclear bomb with it - they ask if you can type and point. -- Laird J. Heal The Usenet is dead! Here: laird@chinet.chi.il.us Long live the Usenet!