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Unread 29-08-2001, 09:51
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Matt Leese Matt Leese is offline
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Quote:
Originally posted by EddieMcD


JR makes a good point. By using the software, you are agreeing to the user-agreement, which is like a contract. If you break that metaphorical contract, you are subject to any penalties listed in that. If that whole shutdown thing is in there, then they have every right to do so.

And now, I get to once again casually mention that Microsoft Works is the ultimate oxymoron.
The main issue is the fact that it is a license agreement and not a contract. You are allowed to license copyrighted works. Copyright licenses and contracts are different things under the law. However, many software companies (including Microsoft) want them to be treated as the same thing. Contract law falls under state laws so this will very state-to-state. The validity of software license agreements as contracts is questionable because they are non-negotiable. Non-negotiable contracts have not faired very well in courts. There is also the fact that is extrememly difficult to return a piece of software when you do not agree to the licensing agreement. The disclaiming of all warranties may also not be legal under state laws (some states forbid the disclaiming of implied warranties).

The main issue is to remember that copyright was established for the public good, not for the profits of different companies or producers. Therefore, unlimited control over a work is not granted to a copyright holder and the rights claimed by companies such as Microsoft may not be valid.

Matt
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