Replies

If one reads many software agreements closely...

On the other hand, if one does not read the agreement and does not positively signify that he enters into the agreement, then there is no agreement. The software is thereby protected by copyright law but not a EULA.

Since you paid cash in exchange for a copy of the software without entering any subsequent agreement, you may do whatever you like with your copy. As long as you do not copy, distribute or otherwise violate the copyright, the copyright holder can not touch you.

Unlike buying a book or a CD...

Why is it unlike buying a book or CD? Books and CDs have the same copyright protection as software. The video industry actually tried "EULAs" to prevent rentals and failed as the "right of first purchase" prevailed.Or, why couldn't a seller slap a EULA on a book? Imagine that when you get home and start reading your newly purchased book, somewhere between the Table of Contents and the Preface you find a page declaring that you are only leasing this book and that by reading any further you agree that this copy can only be read by you in your own home and if you do not agree you must return the book for a refund. These terms could indeed be binding if you agree before purchase, but having already purchased the book you may tear the page out and do with the book as you please, as permitted by copyright law.

The point is, there is a difference between violating a copyright and violating a license agreement. In order for the copyright holder to claim a violation of a license agreement, he must show that an agreement was reached. This is impractical unless the agreement is made before purchase.. Failing that, he only has rights designated by copyright law.

there is no agreement

How many times have you had to click the "I agree with the terms" button; otherwise, installation ceases. Agree and install continues; disagree (thus decline) and installation ceases. Then try returning the package to the store. That was the intent of the lawsuit in the article.

Does all software follow that method? No, but most of the major and many of the minor do. Those companies that are most knowledgeable with EULAs and copyrights do.

The point is, there is a difference between violating a copyright and violating a license agreement

That is why MY comments were regarding software licensing and not book/CD copyright (Unlike buying a book or a CD ). I am very familiar with copyrights. I have been directly involved in copyrighting both text materials (books/manuals) and software program code. EULAs are simply statements of terms of agreement (thus, creating a contract) between two parties: the software creator and the user.

By mixing copyright and EULA in your response, you are muddling the issue. The problem/concern was with EULA and its validity. It has nothing to do with copyright. Copyright on software pertains to protecting the code. It has nothing to do with software use. EULA is the usage agreement. That usage agreement typically says you can use the software but the company still owns all rights to it.

The point of the lawsuit was that the EULA terms were not external. One had to start the install to see the EULA terms. If one disagreed and ceased installation, one should have been able to return the package to point of purchase. In this case (and for most stores/chains who had a similar policy), you open the package, you cannot return it for a refund. This lawsuit makes the point of purchase responsible for making available a copy of EULA at pre-purchase time.

Years ago, many stores had a 'you break it, you bought it' policy. Someone took that to court. The stores lost (IIRC). You only see such signs in small mom-pop type stores any more, because the policy is not enforceable.