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Re: FMP5 Licencing...

To: <webten@xxxxxxxxxxxxxxx>
Subject: Re: FMP5 Licencing...
From: Clive Bruton <clive@xxxxxxxxxxxxxxxxxxxx>
Date: Sun, 14 Nov 1999 17:17:40 +0000
I've done a bit of "law", I'm also quite involved with a group of people 
who write software and have end user licence agreements (some of whom 
have taken to making purchasers sign the agreement before shipping the 
software).

This all boils down to contract law, and basically your only way of 
worming your way out of it is to show that it's an unfair contract or one 
or more of the clauses were illegal.

And I do know of at least one case in the UK based on multi-user licence 
infringement (ie they didn't have one) - in that case, which involved a 
large ad agency and a very large supermarket chain, the defendants 
settled out of court.

The other point to note is that Lasso won't actually work with FM5 right 
at the moment anyway.


-- Clive


Geof Holman wrote at 13/11/99 00:47

>Interesting,  My solicitor states that most software licenses will not stand
>up in court, once you OWN the copy of the product is yours to do with what
>you want.  If you have multi-users on a single user version that's ok...as
>long as you do not make copies of the software...So you can ignore user
>licenses, they have no standing law...He also says that software company
>whos product you are using will just give you and unlimited license to avoid
>the courts...So us all the middleware you want...
>
>
>on 11/12/99 11:58 AM, Clive Bruton at clive@xxxxxxxxxxxxxxxxxxxx wrote:
>
>> Geof Holman wrote at 11/11/99 01:20
>> 
>>> The FMP inc. license is to broad and would not stand up in a court of
>>> law...
>> 
>> The problem is that it *excludes* middleware. What is middleware, is
>> another question (Lasso? any AppleEvents? - it's not clear cut).
>> 
>> If you want to go to court with them, fine, I'd just rather find
>> something else to use.
>> 
>> 
>> -- Clive
>> 
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