You are here

Legality questions (EULA issues...)

15 posts / 0 new
Last post
draconic-hybrid
Offline
Last seen: 16 years 6 months ago
Joined: 2007-01-09 17:15
Legality questions (EULA issues...)

*** EDIT: This should actually go without saying, but if you aren't going to be constructive don't expect me to be at all respectful when calling you on it. Criticism is perfectly acceptable -- and will be respected -- but there is a HUGE difference between constructive criticism and a display of idiocy.
I apologize to the forum owner and his administrators, but apparently I've managed to anger other people with a simple request for information. ***

I apologize if this is confusing, but....

  • Assuming the EULA of {App} uses the standard "one machine at a time" clause (can't remember it word perfect to quote), would portablizing {App} using the method everyone else uses here (i.e., essentially "{App} Portable" even if one can't call it that due to other section(s) of {App}'s EULA) be a violation of copyright law in and of itself? That is, would doing the above constitute criminal copyright infringement (a felony, which any sane person would agree is just asking to be thrown in prison....) assuming you either legally purchased (from the author or his appointed representative) the right to use {App} or that right is automatically assumed?
  • Would UPIXing the above {App} be legal?

As to the first, I would like to assume that no violation would be occurring, since there is nothing in the "one machine at a time" clause (at least not that I can remember) that expressly obligates the end user to have the "one machine at a time" be the same machine every time. But I'm not sure if this assumption would be correct, and remaining out of prison is definitely to my benefit. Wink Wink

Regarding the second, I think I remember seeing something on that being "fair use" in another topic, but I just want to be sure my first question doesn't alter that part of the equation somehow (see preceding paragraph for my reason...).

EDIT: I cannot see how either of the above would fall under anything other than "fair use" ... due to simply being a creative way to use something that I am already permitted to use -- in a manner consistent with it's intent -- without access to a personal computer, and without pissing off anyone else. I don't even see where I could be required to ask the author's permission first -- I already HAVE his permission to use a copy of it. As for the UPIXing, it isn't like I'd be trying to create a derivative work or functionally modify it in any way -- It would simply be taking up less space.

DBL EDIT: Whoohoo! I now have myself a copy of the software license!
This License allows you to use the Software on more than one computer, provided there is no chance it will be used simultaneously on more than one computer.
...
The Software contains copyrighted material, trade secrets and other proprietary material and in order to protect them you may not decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form. You may not sublicense, modify, rent, lease, or create derivative works based upon the Software in whole or in part. You may not distribute the Software for profit in any form....

Thank you in advance for your time and consideration.

Aciago
Aciago's picture
Offline
Last seen: 5 months 1 week ago
Joined: 2007-01-24 14:23
mmmm

Before your post, have you noticed that this site is for Open Source Software only and that Open Source Software don't have that kind of restrictions?

This is not Microsoft or Adobe... this is good old open_source-community_developed-free_software...

https://portableapps.com/development

Step 2: The Licensing

All software is licensed, in some way, to its users. This ranges from the standard commercial licenses (Microsoft Office, Adobe Photoshop) to open source licenses (Mozilla Firefox, OpenOffice.org). Commercial licenses, as a general rule, do not permit you to alter an application in any way or redistribute it. Free applications with a commercial license (Internet Explorer, Opera) permit you to redistribute an app, but not to modify it. Open source license, on the other hand, allow you to both modify an app and redistribute your new version, making these the apps that are the most likely candidantes.

https://portableapps.com/forums/guidelines

Legal Software Only - Only links to legal software are permitted. Links to pirated software or unauthorized modifications of closed source software are not permitted. Accounts used to post such links may be banned.

------------------
If a packet hits a pocket on a socket on a port,
and the bus is interrupted as a very last resort,
and the address of the memory makes your floppy disk abort,
then the socket packet pocket has an error to report Biggrin

If a packet hits a pocket on a socket on a port,
and the bus is interrupted as a very last resort,
and the address of the memory makes your floppy disk abort,
then the socket packet pocket has an error to report Biggrin

draconic-hybrid
Offline
Last seen: 16 years 6 months ago
Joined: 2007-01-09 17:15
And the relationship to the original post is WHAT exactly?

With all due respect, which nonexistent link exactly are you referring to? Isn't it kind of hard for something to both exist and notexist -- both at the same time, anyways? How exactly are you resolving the apparent contradictions between your obvious interpretation of what I posted and the reality of what I ACTUALLY posted?

I was simply asking if using the *.nsi template developed here to run something I'm already legally permitted to run (a shareware game that I've already paid the shareware fee for if you really have to know, although that isn't really any of your business) on a public-access computer would land me in prison or not. Instead of a simple answer -- or a simple refusal to answer for that matter, which I would have accepted without question and simply asked someone else -- I get thinly-veiled tyrannical threats and legalistic BS.

I'm a little strapped for cash at the moment (also none of your business, by the way), and reasoned that it would actually be feasible simply to throw it on a really big USB drive -- that is, as opposed to buying/stealing a computer for my own personal use (which is either impossible in the foreseeable future or would land me in prison).

I'm not really all that familiar with copyright law outside the part that is plainly obvious to anyone with half a brain, and only posted out of an intrinsic sense of caution.

Thank you for your prompt response. It isn't every day that I get to see such a beautiful display of irrationality and unprofessionalism, after all.
---
The fact that an opinion has been widely held is no evidence whatever that it is not utterly absurd; indeed in view of the silliness of the majority of mankind, a widespread belief is more likely to be foolish than sensible. Bertrand Russell

---
The fact that an opinion has been widely held is no evidence whatever that it is not utterly absurd; indeed in view of the silliness of the majority of mankind, a widespread belief is more likely to be foolish than sensible. Bertrand Russell

John Bentley
John Bentley's picture
Offline
Last seen: 14 years 7 months ago
Developer
Joined: 2006-01-24 13:26
If you are not distributing

If you are not distributing it that would be fine. Assuming the EULA of the shareware program allows it. I think it might be OK if you don't have it installed anywhere else. I don't know for sure.

Disclaimer: I'm no lawyer and cannot be held responsible.

-----
In a perfect world Wiis would be free.
In this world only wheees are free.

cowsay Moo
cowthink 'Dude, why are you staring at me.'

alanbcohen
Offline
Last seen: 4 years 7 months ago
Joined: 2006-01-04 10:47
- If you use software hosted

- If you use software hosted here, released under a FOSS-type license, the question doesn't arise as there are no EULA-type single computer restrictions.
- If you use a launcher hosted here (under a FOSS-type license), the use of the launcher has no single computer restrictions. The LAUNCHED SOFTWARE however may have other restrictions that YOU, as the user, are responsible to control. One possibility is the one-computer-at-a-time restriction. It is up to you to ensure the software is only being used on one machine at a time. If the software restricts YOU to using the software on only one machine, then YOU are responsible to ensure those restrictions are followed. If you review the request forums here, you will note the comments suggesting just that.

I prefer to use Open Source FOSS-type software when possible and multi-computer/ one-computer-at-a-time software when not possible. I CHOOSE to not use one-computer-ever software on my equipment. I MAY use it when installed by my employer on the machine the employer provides.

You can put together a very complete suite of software that serves most purposes using only FOSS-type licenses. And with 120gig external drives running about $90 (at least in the US Mid-Atlantic region), putting that suite on a drive would not be very expensive and still leave lots of space for data files. Will this suite do everything a proprietary suite can do? Possibly not. I can't tell you how to spend your money. But I won't pay exorbitant amounts for software licenses with excessive restrictions on my legitimate use. I'd prefer to buy more/better hardware.

draconic-hybrid
Offline
Last seen: 16 years 6 months ago
Joined: 2007-01-09 17:15
Preaching to the choir. I

Preaching to the choir. I have done that already. I just posted a list of Programs on my USB Stick in my profile.
---
The fact that an opinion has been widely held is no evidence whatever that it is not utterly absurd; indeed in view of the silliness of the majority of mankind, a widespread belief is more likely to be foolish than sensible. Bertrand Russell

---
The fact that an opinion has been widely held is no evidence whatever that it is not utterly absurd; indeed in view of the silliness of the majority of mankind, a widespread belief is more likely to be foolish than sensible. Bertrand Russell

Aciago
Aciago's picture
Offline
Last seen: 5 months 1 week ago
Joined: 2007-01-24 14:23
?

Is this what I win for trying to help you and trying to answer your question? your insults? If you can't read in between lines is not my problem... non of my business.

BTW, I'm a Veterinarian, so if you "hybrid", half animal, and half human, have a brain problem, I can help you with that...

I will take care of learn your nick so I'll never going to answer another of your posts...

And I suppose you already know what can you do with your comments about this person that once tried to answer one of your questions.

------------------
If a packet hits a pocket on a socket on a port,
and the bus is interrupted as a very last resort,
and the address of the memory makes your floppy disk abort,
then the socket packet pocket has an error to report Biggrin

If a packet hits a pocket on a socket on a port,
and the bus is interrupted as a very last resort,
and the address of the memory makes your floppy disk abort,
then the socket packet pocket has an error to report Biggrin

draconic-hybrid
Offline
Last seen: 16 years 6 months ago
Joined: 2007-01-09 17:15
Not only did you add

Not only did you add absolutely NOTHING to the discussion at hand with your post ("red herring"), but your new choice of topic was obviously intended to scare me away from my intentions ("Appeal to Fear") -- and then you whine that I should be more polite?
Your second post isn't any better. Still nothing material, and you add "Ad Hominem" to the growing list of logical fallacies used....

I at least *tried* to keep my responses (including this one) civil -- if not polite -- and confined it pretty closely to the matter at hand. I failed (at least with the first one) due to an incomplete understanding of a certain word I chose to use.

Anyways, it strikes me as an abysmally poor strategy to contest people's points in such a way as you prove them correct -- especially if they AREN'T CORRECT.

Consider this: a person's username is generally meant to convey part or all of a specific user's personality. This part is usually chosen based on something that they derive pleasure from, but it need not be all that large or even important a pleasure -- for instance, not many dopers will be intellectually vapid enough to directly reference their "habit" (which lawyers term mala in se ["wrong in itself"]) in their usernames, even though doping is the largest source of pleasure to them (as a matter of definition).

As for the troll comment: as a matter of definition, you have not shown yourself to be a troll (throwing insults around and avoiding topics of discussion seems to contrary to your established pattern of behavior). I humbly and publicly retract my statement to that effect. And I also beg your forgiveness on the whole troll thing.
---
The fact that an opinion has been widely held is no evidence whatever that it is not utterly absurd; indeed in view of the silliness of the majority of mankind, a widespread belief is more likely to be foolish than sensible. Bertrand Russell

---
The fact that an opinion has been widely held is no evidence whatever that it is not utterly absurd; indeed in view of the silliness of the majority of mankind, a widespread belief is more likely to be foolish than sensible. Bertrand Russell

pkeffect
Offline
Last seen: 8 years 3 weeks ago
Joined: 2006-08-17 09:26
This thread is beating a

This thread is beating a dead horse, get a room somewhere.

_______________________________________________
pkeffect.com

"We exist in a multidimensional polymorphic hyerspacial internode of neurotranslinguistic manifestations subjugated by hyperbolic quantum entanglement."

OliverK
OliverK's picture
Offline
Last seen: 2 years 9 months ago
Developer
Joined: 2007-03-27 15:21
He's dead

I think you guys are just taking away what's left for the buzzards
By that matter, I guess I am as well.
There are 10 types of people in the world.

Those who understand Binary
and Those who don't

Too many lonely hearts in the real world
Too many bridges you can burn
Too many tables you can't turn
Don't wanna live my life in the real world

SmithTech
SmithTech's picture
Offline
Last seen: 1 year 11 months ago
Developer
Joined: 2006-11-24 18:06
Just my thoughts on

Just my thoughts on UPXing.
seems no different that drivespace or NTFS file compression......

-----------------------------------------------------------------------------------------------
Because they stand on a wall and say nothing is going to hurt you tonight. Not on my watch.

"Because they stand on a wall and say, 'Nothing is going to hurt you tonight. Not on my watch.'" (A Few Good Men)
Coincidence is God's way of remaining anonymous.(Albert Einstein)

draconic-hybrid
Offline
Last seen: 16 years 6 months ago
Joined: 2007-01-09 17:15
Looks like my idea is fine...

It looks like I don't have to worry, since there is no distribution involved. I have a few people I can confirm this with who both know what they are talking about and are completely trustworthy.

Again, I apologize for getting a little zealous in one of my responses.
---
The fact that an opinion has been widely held is no evidence whatever that it is not utterly absurd; indeed in view of the silliness of the majority of mankind, a widespread belief is more likely to be foolish than sensible. Bertrand Russell

---
The fact that an opinion has been widely held is no evidence whatever that it is not utterly absurd; indeed in view of the silliness of the majority of mankind, a widespread belief is more likely to be foolish than sensible. Bertrand Russell

BvF7734
Offline
Last seen: 1 year 7 months ago
Joined: 2006-04-20 21:07
...

I personally am in the camp of if you own a copy of the software you should be able to do what you will with it. No restrictions. Obviously this would only apply to software that you do not hand out. EULA's are not only for the companies protection from theft but also to protect you in some cases. I would confer with the EULA of the app in question to see if it specifically states running one computer or if it locks it down to one computer period.

As for an earlier post that described FOSS licenses and such, it is correct. It was refering to this site and this site only. It was a discussion that ultimately set down that only FOSS licensed software will be distributed here. Not Commercial licensed software. It is correct that he did not answer your question directly but he did provide all the information required to answer your question without handing you the answer.

Summary...

You paid for it so do with as you will as long as the EULA does not lock that software to that machine and that machine only.

You have the right to remain silent. Anything you do or say will be exaggerated or mis-quoted and used against you.

consul
consul's picture
Offline
Last seen: 5 months 3 weeks ago
Joined: 2007-05-02 13:47
disappointed

I am so disappointed that no one else accused Aciago of irrationality and unprofessionalism. Only the half-breed was canny enough.

"... respect, all good works are not done by only good folk. For here, at the end of all things, we shall do what needs to be done."

Don't be an uberPr∅. They are stinky.

Kevin Porter
Kevin Porter's picture
Offline
Last seen: 10 years 1 month ago
Developer
Joined: 2007-01-10 19:25
No, Aciago had a right to

No, Aciago had a right to get a little angry. Draconic-hybrid was out-of-line and quite rude for someone who was trying to help him understand. In any case, even if he Aciago was out-of-line too, don't you have bad days as well?

----
"For a list of all the ways technology has failed to improve the quality of life, please press three."
Alice Kahn

-Please search before posting

"Programming today is a race between software engineers striving to build bigger and better idiot-proof programs, and the Universe trying to produce bigger and better idiots. So far, the Universe is winning." - Rick Cook

Log in or register to post comments