TIP: Click on subject to list as thread! ANSI
echo: public_domain
to: David Begley
from: Rod Speed
date: 1994-09-16 13:59:44
subject: PD OS/2 Compilers

DB> "...there are absolutely no restrictions on using this tool.
DB> ie the object code is yours to do with what you will."

DB> There are always some sort of restrictions, especially if you want
DB> to redistribute code;  one example is Borland's "either state you
DB> own copyright, or state that we do" restriction.

DB> Saying that the compiler owner owns the rights to whatever code you
DB> generate using the compiler is taking things a little too far (but
DB> when you think about it, the only thing stopping a vendor saying that
DB> is commonsense and market pressures - would you buy a compiler like
DB> that?).

OTOH even in the situation where you do have a real contract with the
supplier of the compiler, there are STILL things which can be in that
contract which would be null and void, whatever you have agreed to.

For example if you agreed that if you produced more than 10 copys of a
particular EXE for sale, your first born would have to work for the
compiler company for 2 years at award wages, it wouldnt make a blind
bit of difference what is in that contract, it aint binding on the
first born.

PE> I have seen people say that if you use their tool which beautifies
PE> your code (totally rewrites it in fact), then they own the code
PE> thus generated, unless you buy the tool (you could have it on trial).
PE> I don't know if they can legally enforce that though.

DB> Exactly - it'll never be resolved until someone contests it in court
DB> (the same can be said of shrinkwrap licences, and a whole heap of
DB> other things).

OTOH there are some things which are most unlikely to have the court
find in their favour. For example if you claimed to have a contract
which prevented you from letting anyone else read a copy of a book you
bought from a bookseller, they would IMO have buckleys of enforcing
that, even if you did have a purported shrinkwrap contract.

Ditto for the shareware licences which purport to be able to tell you
that you can use if for say 30 days only. Unenforceable IMO and if it
was silly like saying you could only use it on Mondays, even less likely
to be enforceable, whatever the README said.

--- PQWK202
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