Re: [fsf-community-team] Introduction

[James Phillips]

On Tue, Dec 15, 2009 at 06:19:58PM +1300, Simon Bridge wrote:
> On Mon, 2009-12-14 at 08:40 +1100, Matthew Davidson wrote:
> > Hi,
> 
> > My introduction to free software came about by needing a free-as-in-beer 
> > programming language (I settled on Perl), and while avoiding work one 
> > day I read the copy of the GPL - specifically the preamble - that came 
> > with it. I was literally thrown back in my chair by the world-changing 
> > implications of that text.
> > 
> Oh yeah it's on eye opener all right.
> Have you seen:
> http://www.cybersource.com.au/cyber/about/comparing_the_gpl_to_eula.pdf
> 
> I had already been using a similar license for years before I came
> across this one - which is better written.
> 

I have been considering a possible loop-hole for the EULA(s): the term 
"End User" is never explicitly defined. They claim that by using the 
software you agree to the license, but that is completely unreasonable: 
especially if the "end user" is not aware of (or did not read) the 
license. The linked PDF uses the example of an Internet Cafe: Is the 
business the end-user? The employees? The Customers?

If I am "helping" a friend fix thier Windows installation, what should I 
do when confronted with the click-wrap screen? I am not the End-user so 
can not agree to it. The end-user has no interest in reading such a long 
document that probably needs a legal opinion (noun) to understand 
properly. I can't force the real end-user to sign something stating they 
read the agreement, because then it may actually become enforceble.

What if I want to reverse engineer a Micrsoft product for the purposes 
of interoperability, but my jurisdiction doesn't explicitly grant an 
exemption. Am I still allowed to do it if I don't use Windows, but 
install a (purchased copy) explicitly for the purposes of 
reverse-engineering? That is, does the mere installation of Windows even 
imply the presence of an End-User?

Sorry if I strayed a little off-topic. These  questions apply equally 
well to the Apple EULA's as well. As I am not a lawyer, this can't 
(shouldn't?) be construed as legal advice.

Regards,

James Phillips