On Sep 12, 1994 at 21:21, Rod Speed of 3:711/934.2 wrote:

 PE>> Now since the compiler just translates C into object code, there
 PE>> are absolutely no restrictions on using this tool.  ie the object
 PE>> code is yours to do with what you will.
    ...
 RS> Nope, you dont have a contract with the supplier of the compiler.

Don't over-generalise, Rod;  if it can be proven that a legal contract does
in fact exist, then you are bound by whatever the terms of the contract
say.  Paul claims that since the compiler is merely a translation tool,
there are absolutely no restrictions on what you do with the resultant code
- this is false if the compiler owner has placed some restrictions on what
you can generate with the code (and again, if it can be proven that a
contract exists).

 RS> They can write whatever crap they like on envelopes containing the disks
 RS> etc, and they can whistle dixie for all the contract that purports to be.

Actually, no;  they can *only* whistle dixie iff the contract is not
visible to the consumer at the time of breaking the seal.  Should the
contract be in plain sight (as it is in the case of disks in envelopes),
then the vendor would have an extremely strong locus standi.

The case would be very different should the seal be on the outside of a
shrinkwrap package, and the contract was inside (as it is in many cases); 
however, this has never been tried in court, so until it is contested then
we are merely speculating (who knows, the court may decide that you should
have contacted the vendor for contract details prior to breaking the seal -
courts have made wierder decisions..).

 DB>> ...the EMX library add-ons are covered by *different* copyright
 DB>> licensing restrictions...
 RS>
 RS> And they STILL arent necessarily binding on users either.

Why not?  There's no seal involved, there is a legal copyright, and you
have the contract terms in plain sight prior to using the software. 
Enforceability may be called into question, but only in the case of
"small timers" without the resources to prosecute across the
globe.


    - dave
    david{at}cagney.nepean.uws.edu.au

---