[NTLK] licensing [was: Newton OS on iPad video]

[L.W. Brown]

I read that a court ruling just this past week strongly upheld the "license to use" view, by overturning a prior case that had let someone sell software (AutoDesk, I believe) they had "purchased" - the court said the license prevented the software from being sold 2d-hand like a used book (under the "first-sale" doctrine). It's unknown whether that will stand, and could hurt a lot of resellers (used games, etc.), but it clearly adds great strength to license terms...

On 18. Sep., 2010, at 20:12 PM, Ken Whitcomb wrote:

> Agreement to the license is expressed by using the software. If you use it as a doorstop or coaster, you need not agree to the license.
> I'm not aware of any successful court challenges to such licenses in the U.S. as it is a common sign of consent to "open the package" or "continue beyond this screen", etc. in the industry.