Re: [NTLK] Pirated software

From: bux1234567_at_mac.com
Date: Thu Sep 06 2001 - 16:11:57 EDT


On the subject of software distribution, I believe in doing good work and
being genereous with it, so that everyone involved in a software purchase i=
s
satisfied. If the issue comes around to rights, he=B9s my view:

Creating something, be it a book, movie, song, painting, DVD, software
program, etc, gives that creator the right to sell his/her creation with
practically any restrictions that the creator chooses to set, by virtue of
the fact that the without the creator, the work would not exist in the firs=
t
place.

In the interests of justice and commerce, the US government upholds this
right, making allowances for fair use. If people do not respect the
creator=B9s right to distribute his work as he chooses, what incentive does
the creator have to create? I believe that, generally speaking, more harm
than good is done. The creator loses rewards for his work and everyone else
loses benefits of the work itself.

Customarily, software publishers sell a license to use their software, not
the software itself, while retaining the right to do with the software what
the publisher chooses. The government upholds this right for a set time,
usually several years. Buying and/or using the software is taken by the
publisher=8Band the government=8Bas acceptance of the conditions of use. This
agreement is not a one-way contract. It is two-sided: The buyer may use the
software as licensed; the publisher gets his/her selling price. Buying the
software does not grant the buyer the right to do anything he/she pleases
with the software, unless, possibly if the publisher transfers that right.
It also does not bind the publisher to provide unlimited support. If the
buyer does not agree to these conditions, he is free not to buy the
software, and by doing so, gives up any right to use the software.

This situation seems to outrage some people. Even so, it does not justify
them in using the software any way they chose and stepping outside the
purchase agreement. Doing so constitutes a breach, if not theft.

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