Ok, I don't want any complaints of the length of this post. See the subject
line. You have all been warned...
>When people bought the original MP2000, it came with one licence for NCU.
>So, anyone that owns a 2000 series Newton also owns a licence to NCU.
I know. This horse has been beaten to death. I know. We all have, at least
morally, the right to copy and use software because it is hard or impossible
to buy it. I know. We are all entitled to defining and adhering to our own
standards as to where piracy begins.
I know. But maybe... we should take a look at the licence agreement everyone
has agreed to by pressing "ok" at some time during the NCU installation
process. Following is an excerpt from this license agreement:
2. Permitted Uses and Restrictions. This License allows you to install
and use the Apple Software on a single computer at a time. This License
does not allow the Apple Software to exist on more than one computer at a
time. You may make one copy of the Apple Software in machine-readable form
for backup purposes only. The backup copy must include all copyright
information contained on the original. Except as permitted by applicable
law
and this License, you may not decompile, reverse engineer, disassemble,
modify, rent, lease, loan, distribute, create derivative works from the
Apple
Software or transmit the Apple Software over a network. You may, however,
transfer your rights under this License provided you transfer the related
documentation, this License and a copy of the Apple Software to a party who
agrees to accept the terms of this License and destroy any other copies of
the
Apple Software in your possession. Your rights under this License will
terminate automatically without notice from Apple if you fail to comply
with any term(s) of this License.
Please note especially the "You may, however, transfer your rights..."
section.
Admittedly, my English isn't the best, but to the best of my knowledge "may"
means something like "you can choose whether you want to do this or not". It
certainly doesn't mean "you absolutely have to transfer this license to
anyone
who happened to buy your Newton". Neither does it mean "anyone
who happened to buy a Newton recently is automatically entitled to use this
software".
>To make it official, when you buy a 2000 series Newt used from someone,
>specify that the licence for NCU transfers along with ownership of the
>Newt. If you are d/ling software for which you already own a licence,
>then you aren't breaking the law.
This would certainly make sense. The question is how you are going to prove
you hold a legal license afterwards. I'd think that the single-sided
specification that you expect the Newton to be accompanied by a license
wouldn't be enough. I guess the only way to ensure this that can't be
shattered
by smart lawyers would be if you are registered under your name at the
software
vendor. After all, that is what registration is for.
>Since we are all assuming that the licence of the OS itself
>is transfered with the Newton hardware (without stating this, mind you),
>the tools required to run the Newt fully, and that came with the Newt
>originally, can also assume to be transfered.
The Newton OS, minus any updates of course, is in ROM and afaik Apple has
never provided a means to license ROM use. If you take out the ROM to use it
in another Newton, the first one is nothing but a paperweight. At
no time you'll be able to use *this* software in more than one machine.
Which
is what piracy is all about.
Provided, of course, you don't try to get it out of the ROMs it is in. Which
would allow you, for example, to build a similar device or use it for a
Newton emulator. Which is the very reason Apple doesn't provide any data
that
could be used to burn ROMs required in Apple hardware.
For the same reason, OS'es that are not cast in hardware tend to be
licensed.
Because you can use Windows on as many PC's as you dare to install it on.
Because you can use Mac OS on as many Macs as you dare to install it on.
>Now look at
>Newton 2000 series machines. Each one came with a licence to NCU. Where
>did the licence go when the person sold the Newt? Even when you did not
>get the disc to the program, you can assume that the licence traveled
>with the Newt.
No, you can't. See the license agreement above. It is perfectly within my
legal rights to sell a MP 2100 (which, unfortunately, I do not own) and
keep the NCU license because I'm going to use it with my 130.
>Nowhere in Apple's licence agreement does it link the licence to the
>physical media that it was first released on.
How about another excerpt from the license agreement...
You own the media on which the Apple Software is recorded but Apple
and/or Apple's licensor(s) retain title to the Apple Software.
The Apple Software and any copies made and/or distributed under this
License are subject to this License.
The physical media is pretty much *all* you own. If you scroll back a
bit, you'll find something like "This License allows you to install...".
"You" meaning you. Not "anybody who happens to have purchased your
Newton". If both buyer and seller agree to transfer a license, usually
there are ways to do this officially and legally. If they omit doing this
or can't prove they did, the license remains with you. By pressing "ok"
during the installation process, you personally agreed to this.
>How about this... if you
>had NCU, installed it on your drive, then destroyed the disc it came on,
>would you then destroy your licence to the software? No.
Right. But if you keep it on your disk and sell your Newton, would the
buyer be entitled to download and install a second copy? No. Even if you
are not currently using yours? No. See license agreement excerpt above.
>Nowhere in the licence agreement does Apple state that the licence to NCU
>is non-transferable from the original owner of the soft. So, that is not
>an obsticle.
Correct. But just downloading a software and using it doesn't exactly meet
the legal standards for license transfers. Neither does it meet what you
agreed to when you pressed "ok" at installation time. The problem is that
most people don't even know what they agree to as hardly anyone bothers
reading a license agreement at all, let alone top to bottom.
>So, even if you did NOT get the software from the person who you bought
>the Newt, if they are no longer using Newton, you can assume that the
>licence went from them to you, even though you did not receive the discs.
You can assume it, but you'd be wrong. For example because you can't prove
they won't be using Newton unless you had this in writing. For example
because
there is software like NCK I would happily keep on using even if I sold
every
single one of my Newtons. For example because I could sell my 2100 (which
I'd
never do, even if I were lucky enough to own one) and keep using NCU with my
130 (which came without this license).
>You can own a licence to a software without having a disc
Correct. But ownership is something you won't be able to prove by simply
saying "I own it". Every legal system has standards and laws regarding what
it takes to prove you are a legitimate owner. Usually, the simple statement
"that's mine" isn't enough. Fortunately. Neither is "but I phoned this guy
back in 1989 and he agreed to transfer the license to me".
>Discussion welcome, but do your research first if you dispute this.
This will probably sound arrogant, which is not at all my intention, but for
what I said above there isn't much research required. Moreover, the
contributions to this thread so far, including those I'm currently answering
to, don't appear to be too thoroughly researched, either.
In my admittedly completely unimportant opinion, what I stated above can be
sufficiently backed up by plain common sense and a bit of license agreement
reading.
That said: Thanks, Oz, for what you are doing for the Newton community. Life
would be way more difficult if you didn't do what you are doing.
Frank (whose job, family and all the rest depend on whether people
keep buying the software I write for my employer...)
:-))
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