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For one that is absolutely not true - there are few, if any, jurisdictions in which software license agreements are explicitly non-binding.
And for two - the exact same can be argued about open source licenses. After all, I can download, compile, incorporate into my project and even modify open source code without ever explicitly agreeing to anything. At least with software license agreements there usually is an unskippable step in the software installer on which the text of the agreement is presented to you and you have to select "I Agree" in order to continue. With source code licenses there isn't even that. By your logic they should be even more insubstantial and nonbinding.
Exactly so. An open source license such as the GPL gives you permission to do that. Absent being granted such permission, these acts would be illegal for ANY software (EULA or not).
One is not required to agree to the GPL license because it doesn't prevent you from doing anything.
Copyright law is the legally binding thing that prevents you from doing anything with software that isn't yours (i.e. software that you did not write yourself). That is what stops you from doing things such as "download, compile, incorporate into my project and even modify open source code".
The GPL merely gives you permission (which you wouldn't normally have) to do SOME things (but not other things) with software that isn't yours (i.e. software that you did not write yourself).
You don't need to agree to anything at all in order to be given a permission.
Edited 2009-09-21 11:28 UTC
FOSS licenses are based on copywrite. They are made clearly available previous to sale. They are permissive in nature; you may have permission to do a bunch of stuff provided you follow these very few rules insuring that other people continue to have permission to do a bunch of stuff also.
EULA are presented after sale as restrictive agreements (you can't do this, this, this, this, this, this or this.. the company retains the right to enter your computer at any time and to this, this, this, this, this, or this..) and as far as I'm aware, are separate from the copyright which says one can't duplicate the software for redistribution or resale.
Copyright is respected and enforced in most places, post sale limitations are not.
Someone with more legal training could probably correct me but based on my understanding, your confusing two separate controls.
It depends what is in them. A lot of EULAs contain restrictions and agreements that try to get around pre-existing law or are just simply illogical and unenforceable.
Open source (free) licenses are not contracts or EULAs and users don't need to agree to them. They only come into play when copying or modifying and especially distributing.
Except the conditions are present before the sale - and you make the purchase with the conditions present. Even if presented after the sale you have a choice of returning the product for a refund if you don't like the conditions. Believing it is your right to use the product however you please if you've bought it is believing that your rights override the rights of the companies and individuals who invested their time and money into developing the product. It's a total lack or respect for them. Unfortunately it's consistent with the world today - everyone is interested only in their rights - without accepting that respect and responsibility go along with them. It's the three R's, not just the one we like...
Even if presented after the sale you have a choice of returning the product for a refund if you don't like the conditions. Believing it is your right to use the product however you please if you've bought it is believing that your rights override the rights of the companies and individuals who invested their time and money into developing the product.
The manufacturer of a product has *no* right to dictate to his customer how he uses it. It is as simple as this: Once you sell something, you loose the right to excercise power on it. SOLD=SOLD.
The argument of no respect for the "companies and individuals" is nonsense, they have been paid for the time and money they invested. That is actually what copyright tries to achieve.
Member since:
2006-09-10
EULAs try to impose conditions post-sale, they're not legally binding in most places.