c.b.a posting: CLIB 3.66 - NOT PD !
Albert Koelmans
>I have just posted a package containing CLIB 3.66 to comp.binaries.acorn.
>If you use this posting, you are considered to have entered into the end
>user licence agreement listed below.....
[stuff deleted]
>(3) You may not:
> (ii) make the Software available to any third party by way of gift
> or loan or hire;
This means, as far as I'm concerned, that this package will *not* appear on
the Newcastle info server.
Albert
JANET: Albert....@uk.ac.newcastle
UUCP: ...!ukc!newcastle.ac.uk!Albert.Koelmans
Computing Laboratory, University of Newcastle upon Tyne,
Newcastle upon Tyne, NE1 7RU, UK (telephone +44 091-2228155,fax 2228232)
Alan Glover
If you use this posting, you are considered to have entered into the end
user licence agreement listed below.....
Software Licence Conditions
---------------------------
The software in the following posting is not Public Domain, and is governed
by a Licence. Please read the Licence completely.
BY EXTRACTING THIS SOFTWARE YOU ACCEPT THE LICENCE CONDITIONS.
Acorn Computers Limited: End User Licence Conditions
1. Definitions
The following expressions have the meanings given here:
"Acorn" - means Acorn Computers Limited, being either owner of all intellectual property rights in the Software, or having the right to grant licences of the Software.
"Developer" - means any third party developer who retains copyright in the Software.
"Software" - means the programs contained in encoded object code form (on
comp.binaries.acorn)
2. Licence
Acorn grants you a personal non-transferable non-exclusive licence (or sub-licence), as follows:
(1) You may copy the Software for use, and back-up purposes to support its
use, on one stand-alone Acorn computer system.
(2) You must ensure that the copyright notices contained in the Software are
reproduced and included in any copy of the Software.
(3) You may not:
(i) copy only part of the Software; or
(ii) make the Software available to any third party by way of gift
or loan or hire;
or
(iii) incorporate any part of the Software into other programs
developed or used by you.
3. Term
This licence remain in effect unless you terminate it:
(1) by destroying the Software and all copies; or
(2) by failing to comply with the Conditions.
4. Limited Warranty and Disclaimer of Liability
(1) The Software is supplied "as is": neither Acorn nor the Developer make
any warranty, whether express or implied, of the merchantability of the
Software or its fitness for any particular purpose.
(2) In no circumstances will Acorn be liable for any damage, loss of
profits, good-will or for any indirect or consequential loss arising out of
your use of the Software, or inability to use the Software, even if Acorn
has been advised of the possibility of such loss.
5. General
This conditions supercede any prior agreement, oral or written, between you
and Acorn relating to the Software.
.... Any enquiries about this should be addressed to our Legal department.
=========
More good news - MsgTrans 0.06 will be coming soon!
Alan
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Mail submissions to sub...@acorn.co.uk, other mail to mode...@acorn.co.uk
Klamer Schutte
>I have just posted a package containing CLIB 3.66 to comp.binaries.acorn.
This is a shared C library -- something you can only use if you link it
with other software.
Let now come to the license were this message is about:
>2. Licence
>Acorn grants you a personal non-transferable non-exclusive licence (or sub-licence), as follows:
>(1) You may copy the Software for use, and back-up purposes to support its
> use, on one stand-alone Acorn computer system.
What is stand-alone? I don't want to take away my ethernet (or econet, if i
had it) to use a software update!
>(3) You may not:
> (iii) incorporate any part of the Software into other programs
> developed or used by you.
This one is really nice. I get a library, but am not allowed to link it with
other software! So i just received garbage!
>.... Any enquiries about this should be addressed to our Legal department.
Please, please give me their address! I really don't understand their policy.
(But i suspect they don't understand what they license... )
>More good news - MsgTrans 0.08 will be coming soon!
What is it??? Again some unusable-licensed bandwidth-consuming piece of
this garbage?
Klamer (Not too pleased by such postings!)
--
Klamer Schutte
Faculty of electrical engineering -- University of Twente, The Netherlands
kla...@mi.eltn.utwente.nl {backbone}!mcsun!mi.eltn.utwente.nl!klamer
Nicko van Someren
>I have just posted a package containing CLIB 3.66 to comp.binaries.acorn.
>
>If you use this posting, you are considered to have entered into the end
>user licence agreement listed below.....
>
>
>Software Licence Conditions
>---------------------------
>
>The software in the following posting is not Public Domain, and is governed
>by a Licence. Please read the Licence completely.
>
>BY EXTRACTING THIS SOFTWARE YOU ACCEPT THE LICENCE CONDITIONS.
(Details of licence deleted)
Talking to various lawyers here in appears that shrink wrap licences
ARE NOT BINDING in this country. That is to say licences which say 'If you
break this seal then you agree to this licence' have no legal weight at all
in the U.K.. Of course you are still not allowed to break the copyright laws
which govern the software but any restrictions placed on the software above
and beyond the copyright are null and void. Note that this is not the case
in the U.S.A.
It strikes me that the last line in the quoted section above is infact a
shrink wrap licence and as such has no legal standing in the U.K.. Note
that the same applies for the bit in the Impression licence that says that
since you broke the seal you will not disassemble it.
It is not my intention that people should do things outside the law but I fell
that we should know where we really stand. It is worth noting that since
shrink wrap licences are MISLEADING then if they attempt to stop you from doing
something that is legal to do and would benefit you then they are also
FRAUDULENT.
This information came from an academic lawyer so if the law has changed in
the very recent past then the above may no longer be true.
>
>.... Any enquiries about this should be addressed to our Legal department.
>
Yup.
+-----------------------------------------------------------------------------+
| Nicko van Someren, nb...@cl.cam.ac.uk, (44) 223 358707 or (44) 860 498903 |
+-----------------------------------------------------------------------------+
Dave Gilbert
reason I can see with it not being PD is so that they can ensure that it doesnt
change and modified versions don't go round.
As far as I see it the only strings attached to any Acorn module should be
that it is not changed.
Surely its in Acorns interest to ensure that everyone is using the latest
version of Modules rather than messing about with everyone having
different versions of CLib.
Dave
--
-------------------------------------------------------------------------------
- Dave Gilbert - gilb...@p4.cs.man.ac.uk - The MTBF of a piece of equipment -
- G7FHJ@GB7NWP - is inversly proportional to its -
------------------------------------------- importance -
William Charles.
What was the point of the Clib posting if it's not PD? It can only help
Acorn and all Archie owners if such essential software is made available
to all with no strings attached. I for one can't fathom how a piece of
software posted to comp.binaries.acorn can be down-loaded by all, but
can be distributed no further...
Typical bl**dy Acorn if you ask me!
Will.
--
- .signature ------------------
Today's smiley is...
(8-o Mr. Bill
CNEWS MUST DIE!
> In article <68...@acorn.co.uk> agl...@acorn.co.uk (Alan Glover) writes:
> >If you use this posting, you are considered to have entered into the end
> >user licence agreement listed below.....
> Talking to various lawyers here in appears that shrink wrap licences
> ARE NOT BINDING in this country. That is to say licences which say 'If you
> break this seal then you agree to this licence' have no legal weight at all
> in the U.K.
This is my understanding as well.
> Of course you are still not allowed to break the copyright laws
> which govern the software but any restrictions placed on the software above
> and beyond the copyright are null and void.
In this case, you could argue that there is an implied permission to copy the
files via the usual Usenet means; however, there is no permission to
distribute the files via PD libraries, by giving copies to your friends, and
so on, unless the posting disclaims copyright.
I think the disclaimer of liability is pretty redundant too; as I understand
it, one cannot disclaim _all_ liability except in a written contract, and
even then there are restrictions. And if you don't disclaim liability, there
are restrictions on what you _can_ be held liable for.
So to summarize, the shrinkwrap license probably isn't at all binding, and it
probably doesn't matter from our point of view or Acorn's. :-)
> Note that this is not the case
> in the U.S.A.
It varies by state.
mathew
[ Disclaimer: I'm not a lawyer either. ]
CNEWS MUST DIE!
> It is rather wierd the way Acorn have posted that 3.66 Clib. The only
> reason I can see with it not being PD is so that they can ensure that it does
And so that people don't start selling it for profit!
mathew
[ PD or not PD? That is the question... Ah, well. You can't make a Hamlet
without breaking eggs. ]