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Cc: linux-kernel@vger.kernel.org, debian-legal@lists.debian.org
From: Kyle Moffett <mrmacman_g4@mac.com>
Subject: [Long OT] Re: non-free firmware in kernel modules, aggregation and unclear copyright notice.
Date: Thu, 14 Apr 2005 00:14:51 -0400
To: davids@webmaster.com
Sender: linux-kernel-owner@vger.kernel.org
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This thread should probably get moved off-list soon, it's like
beating the dead horse long after its flesh has decayed and its
bones disintegrated to dust.

On Apr 13, 2005, at 21:54, David Schwartz wrote:
>> On Tue, Apr 12, 2005 at 12:05:59PM -0700, David Schwartz wrote:
>>> Yes, the GPL can give you rights you wouldn't otherwise have. A
>>> EULA can take away rights you would otherwise have.
>
>> What compels you to agree with an EULA?
>
> If you do not agree with the EULA, you cannot and do not acquire lawful
> possession of the work.

Of course, one could always assert the following:
   1) I went to a store
   2) I found a box
   3) I went to the cash register
   4) I gave money to the cashier for the box
   5) I took the box home
   6) I opened the box and took out the contents

Now, to the end user, the above is the same procedure for purchasing a
box of cereal or a piece of software, therefore the restrictions are the
same.  I'm not allowed to distribute the copyrightable materials, which
for a cereal box is the images on the box, and for a CD is the digital
data stored therein.  Other than that, I can take a hammer and smash my
CD/cereal, I can make a dozen copies of the CD/box-art and mount them
on the wall or burn them, both of which are symbolic speech.  I can make
backup copies of my cereal box-art/CD too.

At what point of the above did I agree to any license?  As far as I
know, a license (IE: contract) is not valid for a product unless made at
the point-of-sale, before exchanging money.  This is especially valid
since almost all computer retailers refuse refunds for opened software.
When you have to open the box to see the license, that's bad, but when,
as I've seen far too many times, you have to break the seal and insert
the CD to even _see_ the license, it cannot be valid.

The only real point of most of the EULAs is to protect the owners
copyright, which is implicitly protected in any case.

Cheers,
Kyle Moffett

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