[Free-sklyarov-uk] a win for sanity! and free speech

[Jim Peters]

David Haworth wrote:
> > Correct me if I'm wrong, but I was under the impression that you
> > needed to be the copyright holder in order to grant a licence.
> 
> I think what the decision is saying is that if you "negotiate" a
> specific licence with someone to use a copyrighted work, then
> you the terms of the licence apply instead of (not as well as)
> the "normal" copyright law.

If I understand this correctly, you start off with copyright - the
right to specify the terms under which copying/distribution can 
occur - and then grant a licence.  At that point copyright has done
its job - it's allowed you to specify your terms (in the form of a
licence).  So effectively the licence takes over.

I can now see how this appears to be an either/or, but it's not
really, because you still have copyright, and you can still grant
other (different) licences to other people you deal with.

> However, what the decision is really saying is that the sale
> of shrink-wrapped software for a single payment (or a fixed
> set of installements, which amounts to the same really) is
> exactly that. A sale. Not a leasing agreement. So the copyright
> laws hold and the EULA isn't worth the CD-space it takes up.

I think the EULA isn't worth anything in this case, because the
reseller never got to the point of clicking "I AGREE".

I think also that perhaps a sale without any licence agreement must
legally imply certain implicit agreements, even if not explicitly
stated (or otherwise why did Adobe ship the product ?).  Copyright
says they control the terms of distribution, but if they ship product
for resale without specifying terms, then right of resale must be
implied somehow.  

> I think it's what would happen in the UK too if it ever came
> to court. Most EULAs are a blatant attempt to change implied
> contract terms after the sale.

Agreed.  

Jim

-- 
 Jim Peters                  (_)/=\~/_(_)                        Uazú
                          (_)  /=\  ~/_  (_)
 jim@                  (_)    /=\    ~/_    (_)                  www.
 uazu.net           (_) ____ /=\ ____ ~/_ ____ (_)           uazu.net