> On Mon, 18 Jan 1999 16:52:27 -0800,
> > One thing intrigues me ... If you read the link, Toshiba refused
> > to issue a refund according to terms of the EULA. It's seems to
> > me (although of course IANAL), that refusing to follow the
> > terms of the agreement (on Toshiba's part) would be breach of
> > contract (between the buyer and Toshiba). Since I'm sure
> > the EULA includes lots of things like forbidding reverse
> > engineering and copying, if they breach the agreement, are
> > you then free to do all of those * things?
> Yes and no.
> Consider the case of Microsoft providing no license agreement. You
> would have no right to make a copy (at all, not even for backup
> purposes). You could, though, reverse engineer it all you wanted.
> (Since that is not normally forbidden by copyright law, though that
> seems to be changing thanks to idiots in Congress.)
ianal. the license agreement does not enable you to do things with
the software, it *restricts* your rights (by threatening to use
government force against you).
this is much like `90 day warranties' which *reduce* the warranty you
would have had.
1) default warranty is one year in most states.
2) minimun warranty allowed by law is 90 days.
thus the `90 day warranties' is actually a `-275 day warranty'. the
company hypes the 90 day warranty as if it were a good thing since
1) explicitly denying a warranty wouldn't be a strong selling point.
2) they are on the hook for providing 90 days in any event.
therefore, offering a 90 day warranty might seem magnanimous, but it
is merely putting the best possible face on giving you the least
incidentally, making backups is a legal right established by the
courts. license or no, backups are ok.
Quote:> A 'License' lists what you may do that is normally forbidden without a
> license. (True for a drivers license as well as a software license:
> think of the meaning of 'permission' for license.)
not true. the word license seems to imply that it gives you
permissions and rights but in reality it can take away rights that you
would normally have enjoyed.