[NTLK] h*cks, kr*ks, SN

[reilly001os at aol.com]

Ken,
EULA's have been found to be not binding many times... (had to play devils advocate on that one) :-D 

Joe Reilly
Sent via BlackBerry from T-Mobile

-----Original Message-----
From: Ken Whitcomb <ken at imageguild.com>
Date: Tue, 19 Jan 2010 10:31:09 
To: <newtontalk at newtontalk.net>
Subject: Re: [NTLK] h*cks, kr*ks, SN

This discussion touches on an interesting issue. If I can do  
something, does that mean I may do that thing?

<soapbox>

When two parties engage in commerce, they are both required to abide  
by the law the prevails where the transaction occurs. In instances  
where that occurs in two locations, say via mail order, phone, or  
internet transactions, they may be required to abide by the law that  
prevails in each of multiple locations.

If the goods or services exchanged in the transaction involve  
copyright protection, both parties are expected (by law) to abided by  
that protection, and perhaps other requirements that would be spelled  
out in an End User License Agreement (EULA), which is more a matter of  
contract than copyright protection. In other words, if you open it, or  
install it, or use it for more than X days, or use it at all as the  
case may be, you implicitly agree to the terms. The end user is only  
permitted to use the goods if they agree to the terms.

So the challenge to whether or not people are required to obey the law  
is a non-issue. Just because, as the saying goes "In Jersey anything's  
legal, as long as you don't get caught", I can get away with a  
particular activity without penalty or conviction, doesn't mean that  
it's acceptable behavior.

So when it comes to copyrighted material such as software, there are  
several ways that one can legally use it and they include:

writing the code yourself
purchasing a license (from the copyright holder or an end user that  
owns a license and will forfeit their rights to use it when they sell  
it to you)
being given a license from the copyright holder
purchasing the copyrights from the copyright holder
the copyrighted material being released into the public domain either  
by act or by default (which in the U.S. is a certain number of years  
following the death of the creator)

Legal use does not include:

using a serial code or license that violates the copyright or terms of  
the EULA
reverse engineering a code or license
using other software to modify the code to allow unlicensed use

If the law of the land where either or both parties to the transaction  
have conditions similar to these in effect, then both parties are  
bound to them, regardless of their emotional disposition to them.

Lastly, I am noticing a trend here that while not new, is disturbingly  
more common in it's presence here, and that is an attitude of  
entitlement to a good or service, regardless of any other conditions  
such as honoring laws or terms of contracts, or the consent of the  
copyright holder. All analogies aside, just because I want something,  
doesn't mean that I'm entitled to it, regardless of my ability to gain  
the cooperation and consent of the copyright holder.

So if you are going to use a piece of software without adhering to  
laws or contracts, admit that your actions are criminal and stop  
rationalizing and making excuses for your behavior. Some people live  
their lives without regard for others, that's their choice whether  
they're anarchists, criminals, or sociopaths (there probably others,  
but these three will do). Our actions define us, not our words,  
rationalizations, or intents.

</soapbox>

Ken

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