On Mon, 2001-10-29 at 11:15, Mark Ross wrote:
> If by either advertising or by inference they suggest users download and
> install the Palm OS, they would be liable for as an enabling infringer
> since they are actively supporting and abetting such infringement.
So no user can have a legitimate copy of the Palm OS?
So no user can have a legitimate copy of Windows XP either Mark?
To give you another analogy, if a computer was sold with Linux and it
was advertised that it was Windows XP compatible ("you can also install
Windows XP") that be supporting infringment? You forget that someone may
have a _license_ to be able to install Windows. The inference is that
the consumer can install Windows XP if they have a valid license to do
so.
You're diminishing your user rights by making generous interpretations
on behalf of software vendors. I'd rather give users the benefit of the
doubt.
I don't know whether you can buy the PalmOS separately. But how about if
your Palm is broken? Would you like to be able to buy a clone to
transfer the software into? You legitimately purchased it all.
> The important point is how the company that makes a product
> suggests its use.
The advert states "* PalmOS Compatible * You need to flash the PalmOS to
use software utilities written for Palm."
Do we disagree with the statement that the device is "PalmOS
Compatible"? That is just providing consumers with valuable information.
What about the statement "You need to flash the PalmOS to use software
utilities written for Palm."? Well that can be read as a warning to
consumers that the unit will not work with existing Palm applications.
If the Pembex Version 1.3 OS doesn't contain a "Console, Money, ToDo,
DirectSync, etc." then perhaps this is misleading and deceptive
advertising (possibly alongside a copyright infringment offence).
Regards,
Adam
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