D.Currie said:
message
That's not even worth answering.
You asked my point, it's too bad that you don't happen to care for it.
If your human then it affects you whether you like it or not, there are
no bystanders! It's basically the rights of the individual verses those
of corporate entities! And the battleground has now moved into our
homes! You can either surrender to them, or fight them. There really
is no middle ground!
See, now this is funny! YOU snipped whatever it was.
And now I'm going to snip the rest.
You are correct on both counts, I did, and it's funny! Sorry!
<snip>
Here's the short version: I agree with a lot of what you say, and I
think most people would agree that it would be nice to be able to
load software they own on every computer they own, without
restriction.
It's more than "nice," it's legal to do, and besides 'fair use' there is
a specific Copyright Law that allows this too!
Title 17, Chapter 1, Section 117. - Limitations on
exclusive rights: Computer programs
(a) Making of Additional Copy or Adaptation by Owner of
Copy. - Notwithstanding the provisions of section 106, it
is not an infringement for the owner of a copy of a
computer program to make or authorize the making of
another copy or adaptation of that computer program
provided:
(1) that such a new copy or adaptation is created as an
essential step in the utilization of the computer program
in conjunction with a machine and that it is used in no
other manner, or
(2) that such new copy or adaptation is for archival
purposes only and that all archival copies are destroyed
in the event that continued possession of the computer
program should cease to be rightful.
The following is a translation of Section 117 (a) from the
legalese using MS's own definitions:
Title 17 Chapter 1 Section 117. - Limitations on the
exclusive rights of Copyright Owners: Computer programs
(a) Making of Additional Installation by the Owner of a
Copy of Software. - It is not infringement for the owner
of a copy of software to make another installation
provided:
(1) that such a new installation is made as a necessary
step in making use of the software together with a
previously unknown computer and that it is used in no
other manner, or
"(2) that such new copy or adaptation is for archival
purposes only and that all archival copies are destroyed
in the event that continued possession of the computer
program should cease to be rightful"
Installation -
http://encarta.msn.com/encnet/features/dictionary/DictionaryResults.aspx?search=adaptation
made -http://encarta.msn.com/encnet/features/dictionary/DictionaryResult
s.aspx?search=created
necessary -
http://encarta.msn.com/encnet/features/dictionary/DictionaryResults.aspx?search=essential
making use -
http://encarta.msn.com/encnet/features/dictionary/DictionaryResults.aspx?search=utilize
together with -
http://encarta.msn.com/encnet/features/dictionary/DictionaryResults.aspx?search=conjunction
a previously unknown -
http://encarta.msn.com/encnet/features/dictionary/DictionaryResults.aspx?refid=1861582871
or -
http://encarta.msn.com/encnet/features/dictionary/DictionaryResults.aspx?search=or
However, I prefer to spend what little time I have in pursuits that I
think will garner the most reward. I personally, don't think that
posting about it as you do, on this newsgroup, will have that reward.
It already has rewarded others that have only heard MS's point of view
on the matter previously, so that they can make a more informed personal
decison of their own. But as I said before, if you believe you can't
make a difference, then you definately won't!
What is the reward that any educator gets by showing somebody else
another way of looking at things? And don't say their salary, because
most educators do go into it for only the money!
At least not for me and/or my goals. Thus, I prefer to act in the
real world.
So you have said.
If you want to post in this and other newsgroups because
that's where you think you're most effective, that's your choice.
Obviously!
However, I find your interpretations of what I've said extremely
annoying. Either you're completely misunderstanding everything I say,
or you're more interested in accusing me of being "under the control"
of MS, among other things, than you are in considering that other
people have other ways of changing the system.
"So stopping casual copying within a household can mean much more
revenue now that it did back in the olden days."
No such thing as casual copy piracy within a home. That would be
something yet to be proven, as not one case of it has ever been brought
before a court, nor is their any law that prohits it! Just a fairy tale
or FUD!
"One reason I can see for MS's EULA the way it is, is that in order to
keep a
copyright valid -- not letting the item slip into the public domain --
the
copyright holder has certain responsibilites, and one of those is to
protect the copyrighted item."
They don't need a EULA to legally protect their copyright, because the
legal way to protect your copyright is through the courts, not by EULA!
"But what I would like to do and what exists are two different things
right now."
Wrong, since MS has yet to prove that their EULA usage terms are legally
enforceable on any private individual, you have every right to do what
you like with the copyrighted material you have legal access to for your
own 'fair use.' "Any individual may reproduce a copyrighted work for
a"fair use"; the copyright owner does not possess the exclusive right to
such a use." -
http://laws.findlaw.com/us/464/417.html
Then MS or any other software copyright owner has every right to sue
you, if they think they can to a court enforce their EULA, over your
right to 'fair use.' But since they don't possess the right to such a
use, they aren't all that likely to even try!
Anyone can legally break any contract under the law if they feel the
terms are a violation of the law or unconscionable. It's then up to the
other party to sue you if they think they have the chance to win! If
they don't, then they leave well enough alone, like MS has done for at
least a decade, if not longer!
I admit I wasn't being all that fair to you, but your nonchalance about
accepting the technological controls into to our homes as just the way
things are, is a totally defeatist attitude in my book, and things won't
ever change, if everyone believes that's just the way things are! To me
'indifference' is the way to pave the way to hell! And that's what drew
my ire, your seeming indifference about it just being the way things
are, and that there is not much to do about it either.
You may believe that providing a valid point of view, contrary to MS's,
is of little or no use, but how would keeping silent about it, as you
seem to be suggesting to me by telling me that you think posting my
opinion here is of little good, be any better? Would those here be
better off only hearing MS's point of view on the subject?
You weren't the only one who was annoyed by certain interpretations, you
know! It takes two to tango!
--
Peace!
Kurt
Self-anointed Moderator
microscum.pubic.windowsexp.gonorrhea
http://microscum.kurttrail.com
"Trustworthy Computing" is only another example of an Oxymoron!
"Produkt-Aktivierung macht frei!"
