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To: general_re
Here's the statement you made in #50 I was referring to:

What license agreement? By which I mean, suppose I decide that I don't agree with your contract and that I won't abide by it or be bound to it - I didn't read or agree to a EULA when I downloaded my pirate copy of Office, after all. So how can I infringe on a contract I'm not a party to, that I don't agree to? I can't - in fact, in that case, I don't have a contract, and hence I don't have a license to use the software. It's not that I'm "infringing" on the license agreement - I don't have a license agreement, and hence I'm receiving services I'm not entitled to have. IOW, theft of services. QED.

So, according to this scenario, you've gotten ahold of a pirated copy of the software and even though you disagee with the licence agreement, you're using the software. How do you manage that without clicking on the I Agree button? So, you've clicked on the I Agree button without agreeing with the license. So what? The license is in effect because you're using the software without complying with the terms of the license. The license is still in effect, even if you don't agree with the terms, because you're using the software. That's according to your example in italics above.

To be clear for those watching at home, both you and I agree that it is wrong to do this - use pirated software - but this is a discussion of some of the legal principles involved. We agree about the moral principles.

75 posted on 05/19/2005 7:02:12 AM PDT by savedbygrace ("No Monday morning quarterback has ever led a team to victory" GW Bush)
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To: savedbygrace; general_re
How do you manage that without clicking on the I Agree button?

Maybe he got a hacked version with the license removed. Still, you are correct, he would be using a copyrighted work without a license.

77 posted on 05/19/2005 7:05:26 AM PDT by antiRepublicrat
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To: savedbygrace
The license is still in effect, even if you don't agree with the terms, because you're using the software.

The license is not in effect, because you're not abiding by the license agreement governing your use of the software. That's why you have a problem - because you don't have a valid license to use the software.

80 posted on 05/19/2005 7:43:39 AM PDT by general_re ("Frantic orthodoxy is never rooted in faith, but in doubt." - Reinhold Niebuhr)
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