No-Nonsense License Statement
This software is protected by both United States copyright law and
international copyright treaty provisions. Therefore, you must treat
this software just like a book, except that you may copy it onto a
computer to be used and you may make archival copies of the software
for the sole purpose of backing-up our software and protecting your
investment from loss.
By saying "just like a book," Borland means, for example, that this
software may be used by any number of people, and may be freely moved
from one computer location to another, so long as there is no
possibility of it being used at one location while it's being used at
another or on a computer network by more than one user at one
location. Just like a book can't be read by two different people in
two different places at the same time, neither can the software be
used by two different people in two different places at the same time.
(Unless, of course, Borland's copyright has been violated or the use
is on a computer network by up to the number of users authorized by
additional Borland licenses as explained below.)
LAN Pack Multiple-Use Network License
If this is a LAN Pack package, it allows you to increase the number of
authorized users of your copy of the software on a single computer
network by up to the number of users specified in the LAN Pack package
(per LAN Pack -- see LAN Pack serial number).
Use on a Network
A "computer network" is any electronically linked configuration in
which two or more users have common access to software or data. If
more than one user wishes to use the software on a computer network at
the same time, then you may add authorized users either by (a) paying
for a separate software package for each additional user you wish to
add or (b) if a LAN Pack is available for this product, paying for the
multiple-use license available in the LAN Pack. You may use any
combination of regular software packages or LAN Packs to increase the
number of authorized users on a computer network. (In no event may the
total number of concurrent users on a network exceed one for each
software package plus the number of authorized users installed from
the LAN Pack(s) that you have purchased. Otherwise, you are not using
the software "just like a book.") The multiple-use network license for
the LAN Pack may only be used to increase the number of concurrent
permitted users of the software logged onto the network, and not to
download copies of the software for local workstation use without
being logged onto the network. You must purchase an individual copy of
the software for each workstation at which you wish to use the
software without being logged onto the network.
Further Explanation of Copyright Law Provisions and the Scope of This
You may not download or transmit the software electronically (either
by direct connection or telecommunication transmission) from one
computer to another, except as may be specifically allowed in using
the software on a computer network. You may transfer all of your
rights to use the software to another person, provided that you
transfer to that person (or destroy) all of the software, diskettes
and documentation provided in this package, together with all copies,
tangible or intangible, including copies in RAM or installed on a
disk, as well as all back-up copies. Remember, once you transfer the
software, it may only be used at the single location to which it is
transferred and, of course, only in accordance with copyright law and
international treaty provisions. Except as stated in this paragraph,
you may not otherwise transfer, rent, lease, sub-license, time-share,
or lend the software, diskettes, or documentation. Your use of the
software is limited to acts that are essential steps in the use of the
software on your computer or computer network as described in the
documentation. You may not otherwise modify, alter, adapt, merge,
decompile or reverse-engineer the software, and you may not remove or
obscure Borland copyright or trademark notices.
(From "Paradox for Windows")
Anders Ohlsson - Borland Developer Relations - http://community.borland.com/
Come to Anaheim! Best BorCon ever! - http://www.borland.com/conf2002/
Get the #1 Java IDE! - http://www.borland.com/jbuilder/
Get Kylix now! - http://www.borland.com/kylix/
Cycling to cure cancer - http://homepages.borland.com/jkaster/tnt/
Licensing should be ok.
We may own the book (or the CD with the software on it), but we don't own
the intellectual property of the author of the book. Likewise for the
We may use it under the terms of the license we buy, but not "write and sell
a new book based solely on the original"...
But we may resell the book.
The new owner may used it under the same license as we did (ie. have the
I think that most of this is within the new EULA too - I hope so.
> I just wanted to post this for you guys to tear apart and compare the bits and pieces with
> what we have today. One initial remark from myself - you never owned the product, you
> always licensed it from us.
Make sense. I do not own the intellectual property, just license.
> By saying "just like a book," Borland means, for example, that this
> software may be used by any number of people, and may be freely moved
> from one computer location to another, so long as there is no
> possibility of it being used at one location while it's being used at
> another or on a computer network by more than one user at one
> location. Just like a book can't be read by two different people in
> two different places at the same time, neither can the software be
> used by two different people in two different places at the same time.
> (Unless, of course, Borland's copyright has been violated or the use
> is on a computer network by up to the number of users authorized by
> additional Borland licenses as explained below.)
I my understanding is right, the Borland license the software to the
human, not to the machine. That's good. XP with activation make me
wonder, if I bought it, who really does license it? My notebook or me?
That has yet to be decided. Adobe just lost a case in district court a
quote from the judge, I quoted this in another thread.
"The Court understands fully why licensing has many advantages for
software publishers. However, this preference does not alter the Court's
analysis that the substance of the transaction at issue here is a sale and
not a license," Judge Pregerson writes. If you put your money down and
walked away with a CD, you bought that copy, EULA or no EULA.
` For the president biz, vote for Liz' - Me
> I just wanted to post this for you guys to tear apart and compare the bits
> and pieces with what we have today. One initial remark from myself - you
> never owned the product, you always licensed it from us.
Thanks. The new licenses are more complicated, but in many cases, I
understand the need for the new complexity. My only remaining objection is
the prohibition against publishing benchmarks, but I've mentioned that in
another thread, so I don't need to repeat myself. (Read 5.(h) in the new
Ray Lischner, author of Delphi in a Nutshell
This one is good. It's succinct, to the point and carries enough
explanation that the intent can be clearly understood.
I haven't taken a look at the actual wording of the new one, however, I
wanted to express the above as being why I find this agreement so well
If you want to publish a benchmark, go ahead and do it. That would never
stand up in court any more than a copyright notice in a book saying that the
book could not be reviewed. Benchmarks (and reviews) fall under fair use in
the copyright laws.
Just because a company includes something in a license doesn't mean it's
If that is in the license, then Borland should (and probably does) know
Not quite. You are treating the license like a physical item: there is only
one available and, while you can easily lend it to solmeone, you can't use
it while it's away.
> That's good. XP with activation make me
> wonder, if I bought it, who really does license it? My notebook or me?
Well, it depends on how you got it. If the license was sold with your
machine, then it's lincesed to that machine and that machine only (you've
actually got a discout on the OS for "agreeing" on a tighter licensing). If
you buy it boxed, then it's licensed to you and you can move it from one
machine to the other, as long as you have only one copy installed at the
same time. There is an extra agreement for Office XP in which you can
install it on a laptop AND on a desktop as long as you're the sole user of
both system (well, there is a more complex agreement, but that's the idea).
In all cases, you'll need some help from MS to actiate an OS on a different
machine than the one you used. It's not complex, but it's still really
Ok. I'll start here (and I'm really getting tired of teaching law to
lawyers). Again, are these guys being paid by the word?
1. OWNERSHIP. The Product is proprietary to Borland. The Product is
licensed, not sold, to you
notwithstanding any reference herein to "purchases." You acknowledge and
agree that: (a) the Product is
protected under U.S. copyright and other laws; (b) Borland and its licensors
retain all copyrights and other
intellectual property rights in the Product; (c) there are no implied
licenses under this License, and any
rights not expressly granted to you hereunder are reserved by Borland; (d)
you acquire no ownership or
other interest (other than your license rights) in or to the Product; and
(e) Borland owns all copies of the
Product, however made. You agree that you will not, at any time, contest
anywhere in the world Borland's
ownership of the Product, nor will you challenge the validity of Borland's
rights in the Product. You have
no rights hereunder to use any trademark or service mark belonging to
"The Product is proprietary to Borland." is redundant under Copyright law.
It is already covered in (a). The same may or may not go for (b), (c),
(d) - if Copyright law is changed, you have to abide by it because you said
you would in (a).
(a) "and other laws". Sorry Charlie. Not specific enough. Is the product
protected under a "Rent Control Act"? "under U.S. copyright and all other
applicable laws" thank you.
(e) makes no sense - ownership of the product carries certain legal rights
which would have to be spelled out with limitations or it would be
unenforcable. Under copyright law, Borland already controls the right of
replication and by extention would own any copies made. This sentence just
confuses the issue - are you surrendering all other rights of ownership?
Sentence two is a time waster. Since this is a "license" not a "purchase",
any inclusion of the word "purchase" within the document can be construed as
intentional deception. Use the Search and Replace feature of your word
processor instead of adding extra words that will have to be considered by a
The second to last sentence, "You agree that you will not, ..." is
pointless. Anyone can sue over anything, you have already established your
claim to the rights in (a) and this will stand up in court. However, merely
including this sentence will not prove sufficient to prevent a lawsuit (not
that anyone with a brain would try) nor would it give you ground for a
counter suit unless UCC provided for it - you don't even provide remedy in
the sentence. It just wastes letters.
Essentially this paragraph can be reduced to "This product is copyrighted by
Borland International under US Copyright Laws. All rights reserved." and it
will pretty much say the same thing - only more clearly.
We're working on that.
Should, yes. And probably does...read my posting dissecting the paragraph
on ownership the way a law professor would have on a midterm.
"Anders Ohlsson (Borland)" <aohl...@borland.com> wrote in message
1) No limit to number of backup copies listed
2) No restriction on reselling
3) No restriction on benchmarking
4) No requirement that I post my copyright
And it's expressed in plain language. There is actually less room for doubt
about the intent than in the new one, IMHO.
> I haven't taken a look at the actual wording of the new one, however, I
> wanted to express the above as being why I find this agreement so well
It also does not attempt to constrain the user in a number of ways which the
new one invokes. The old license specifically allows the software to be used
"by any number of people" (one at a time), while the new one insists it may
be used by only the one person to whom it is licensed. The old license makes
no effort to dictate what may constitute adequate backup, while the new one
specifically permits only one physical CD copy for backup.
In short, the new one is not progress.
> You may transfer all of your
> rights to use the software to another person, provided that you
> transfer to that person (or destroy) all of the software, diskettes
> and documentation provided in this package, together with all copies,
> tangible or intangible, including copies in RAM or installed on a
> disk, as well as all back-up copies.
This seems to be in direct contrast to the new EULA, which states:
2.1 Grant of License. Subject to the terms and conditions of this Licence,
Borland grants to you, if you are an individual, or, if you are an entity, one
(1) designated person in your organization ("Named User") a personal,
nonexclusive, *nontransferable*, and limited license to use the Product (...)
Emphasis on nontransferable added by me, of course. I would also like to know
what "nonexclusive" means in this context.
And finally, some common sense from the judge! If this continues, it may
lead to the overhaul of software publishing practices which I am
increasingly convinced is essential.
A feature which is *not* embodied in the current EULA.
5) No limit on who or how many may use the software *one at a time*
6) Clear language, easily comprehensible w/o a lawyer
Yes -- and then that will lead to many software publishers needing to
determine if their business model is sustainable. I would guess that many will
determine it's not, and soon you'll be able to choose from a wide range of
freeware or open source products -- and very few commercial. Draw your own
conclusions on whether that will improve the availability of high quality
software or not.
John Kaster, Borland Developer Relations, http://community.borland.com
$1280/$50K: Thanks to my donors!
Buy Kylix! http://www.borland.com/kylix * Got source?
The #1 Java IDE: http://www.borland.com/jbuilder
Although Borland is one of the least offenders, the current EULA situation
is helping force the issue into the hands of the courts.
One of the reasons I was so harsh in my dissection of that paragraph was
that I foresee the courts doing the same thing in the future. IOW, the more
overly verbose and confusing the language, the more likely the judge may be
to find for the defendant.
Doubtful. EUAL's do not make the software world go round. Marketing and
frequent upgrades do. :) All software is still protected by copyright
law, not a EULA.
> William Meyer wrote:
>> And finally, some common sense from the judge! If this continues, it
>> may lead to the overhaul of software publishing practices which I am
>> increasingly convinced is essential.
> Yes -- and then that will lead to many software publishers needing to
> determine if their business model is sustainable. I would guess that
> many will determine it's not,
Makes you wonder how book publishing companies do it eh?
IntraWeb: RAD Delphi Web Development:
Integrates with WebBroker & WebSnap!
Somebody thinking that they had to add the word to demonstrate that only one
person in the world is being granted the license.
I'm reminded of a corporate charter a friend of mine paid a lawyer to write
years ago. It had four pages of description of business activities (no
fooling) that ended with:
"...and any other business activities legal under the laws of the United
States of America and the State of Maryland."
Not only did he have to pay for the four pages from the attorney, he also
had to pay extra while filing. My corporate charter is one page long (wrote
it myself from a government supplied template) and simply states that final
sentence as the legal business the corporation may engage in.
> 2.1 Grant of License. Subject to the terms and conditions of this Licence,
> Borland grants to you, if you are an individual, or, if you are an entity,
> (1) designated person in your organization ("Named User") a personal,
> nonexclusive, *nontransferable*, and limited license to use the Product
2.1 Grant of Licence. Borland grants a limited license to use the
just as enforcable. A lot less confusing. The limitations should be stated
in one section, not strewn through the document.
Is a _lawyer_ actually writing this stuff?
> A couple of quick points:
> 1) No limit to number of backup copies listed
That's good... I like to make multpile backups.
> 2) No restriction on reselling
Also good... I make $0.25 per book at a garage sale. :)
> 3) No restriction on benchmarking
Still good... it's nice to be able to make informed descisions.
The same way software publishers can - enforcement of existing laws. It's
just more difficult for software publishers. This EULA stuff isn't making
it any easier though. It's not as though the (major) offenders are looking
for loopholes in copyright law<g>
Good point Leonel.
If a company buy a Delphi Enerprise box and designate it to one
of the programmers, and next that programmer leave the company
or is assigned to other job inside the company, it is not possible to
transfer licence to other company's programmer because it is
"personal" and "nontransferable".
Looks like real genious wrote that paragraph - congratulations ! <g>
It's already illegal to copy and distribute, the EULA has nothing to do
with that. The purpose of EULA's is to circumvent copyright laws and the
laws that state your product must do what you advertise it to.
My grandmother can burn a copy of a CD.
Therein lies the problem. Unless the court determines a much harsher
punishment or a better means of establishing fair compensation, it is only
in a position to put software companies out of business, not pirates.
> Yes -- and then that will lead to many software publishers needing to
> determine if their business model is sustainable. I would guess that many
> will determine it's not...
Let's assume, for the sake of argument, that software is sold, not
licensed. That brings a host of consumer protection laws to bear, at least
for products sold to consumers. The same laws to not hold for products sold
to businesses, which I believe is the bulk of Borland's business. To
further the argument, though, let's assume that those same laws pertain to
most of Borland's sales and the sales of other software vendors'.
The biggest impact will be that software vendors would not be able to
disclaim any warranties, especially of merchantability. If the product
doesn't work as advertised, the customers will be allowed to return it.
Smart software companies (including Borland) already allow customers to
return software, at least soon after purchase. So it turns out the impact
isn't so big after all.
The doctrine of first sales would apply, that is, once a customer buys the
software product, that customer is free to lend it, rent it, resell it,
etc. Copyright law already prohibits the customer from making copies and
selling them, so the only major impact here seems to be that customers
would be allowed to do reasonable things that currently licenses seek to
Vendors would not be able to enforce gag rules (such as Borland's
prohibition against publishing benchmarks). Vendors would not be allowed to
restrict what kinds of products we build with the software, so we could
use, say, Delphi to write a competing IDE. We could not redistribute
Delphi's packages with our IDEs, though, because that would violate
existing copyright law. So, again, the only impact is that vendors could
not enforce unreasonable license terms. (One may argue that curtailing free
speech is "reasonable," but I think anyone who did so would be in the
The most significant sales problem that software vendors face is the fact
that it is too easy to violate copyright law and make and distribute
illegal copies of software. The whole sales vs. licenses has little impact
on that problem. The real problem is enforcing existing copyright law,
which is difficult in the electronic realm.
UCITA, the BSA, and stupid licenses are feeble attempts to attack the
piracy issue by going after the low-hanging, easy fruit--the naive,
well-intentioned innocents--while leaving the major problems--the large
Again, see 13.5. It's clearly transferable.
> No, it's pretty simple. Book publishers spend millions on presses, or
> leasing time from owners of presses, to produce their media.
> My grandmother can burn a copy of a CD.
Ok, she can burn a CD but can she make a photocopy?
I am not native English speaker and I may not understand the below text
13.5 Assignment. You may not transfer the Software media, assign this
License or assign any of your
rights or delegate any of your obligations under this License, by operation
of law or otherwise (including
by merger, sale of assets or consolidation), without Borland's prior written
consent. Any attempted
assignment in violation of this Section 13.5 will be void.
What I understand reading the above is that I can - as a company manager -
transfer the licence only
if I got written permission agreement from Borland, right ?
If yes, the next question I would like to ask is, what are the limitations
of such agreement ?
I mean when Borland can deny transfer of the licence from one company's
developer to the other ?
How often I can transfer licence between my programmers, can I do it every
month, week, two months ?
How long I have to wait for your written permission ?
If Borland deny to transfer licence for some reason, can I expect my money I
Delphi be returned back to me ?
> If you want to publish a benchmark, go ahead and do it. That would never
> stand up in court any more than a copyright notice in a book saying that
> the book could not be reviewed. Benchmarks (and reviews) fall under fair
> use in the copyright laws.
I agree that the clause is unlikely to stand up in court, but I do not have
the legal and financial wherewithal to withstand a legal challenge. Every
writing contract I have ever signed explicitly says that in such cases, the
publisher hangs me out to dry. Historically, publishers have caved in when
vendors have threatened legal action on the basis of such clauses in other
EULAs. Sure, the publishers would have prevailed in the long run, but at
great cost to them financially and in terms of good will with their