Re: Microsoft finally acknowledges the security drumbeats

From: Jeffrey Siegal (jbs@quiotix.com)
Date: 02/14/02 

From: Jeffrey Siegal <jbs@quiotix.com>
Date: Wed, 13 Feb 2002 23:29:20 -0800

D. J. Bernstein wrote:
> John R Pierce <dont.bother@email.is.invalid> wrote:
>
>>just what are you buying when you buy a software package?
>>
>
> You are buying a cardboard box, a manual, and a CD. You are now the
> owner of those items.
>
>
>>If the implied 'shrinkwrap' license is invalid, could I as a
>>company use the software on as many computers as I see fit?
>>
>
> No. That would violate the author's copyright. However, you are allowed
> to make copies of the software to run it on one computer:

That's not clear. The law doesn't say "one computer" or any other
language that restricts how the right to make copies to use the program
with "a computer" can be exercised. , After making copies to use it
with "a computer", you are still the owner of the original copy and
presumably then still have the right to make copies to use it with "a
computer", even if this happens to be a different computer than the one
you made copies to use it with earlier.

The courts might rule that the interpretation (that the law only allows
you to use the software with a single computer) is the correct one, but
they might not. There is really no way to tell since the industry and
the courts have been so tied up in the "licensing" issue for the past
few decades, 117 has been basically ignored.

There are certainly cases where a common sense interpretation might
suggest that the software could be used with multiple computers. What
if you install the software on one computer and then uninstall it. Can
you the reinstall it on the same computer, or a different one? Can you
make copies to use on different computers all owned and used by you,
analogous to space shifting of music?

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