Leythos said:
Your constant postings concerning that the EULA does not apply to home
users or non-commercial users,
Specifically what. Quote me.
your twisting of the title (entirety)
sections....
I don't twist it at all! I call it an "interpretation" and I show every
one the links to the definitions to the words that I change in my
"interpretation."
Unlike you that says it backs up licensing on ONE computer, when nothing
in it can be interpreted and meaning licensing!
Title 17 Chapter 1 Section 117: Limitation on Exclusive Rights:
Computer Programs
In Copyright law "Exclusive Rights" mean the copyright owners rights.
The main gist of Section 117 is to LIMIT the "Exclusive Rights" of the
copyright owner!
Then Section 117 (a) is titled:
"Making of Additional Copy or Adaptation by Owner of Copy."
Adaptation - the process or state of changing to fit new circumstances
or conditions, or the resulting change.
And that's pretty much describes the act of installation software from a
CD to a computer. And Do I really have to define what ADDITIONAL
means?!
Section 117 (a) continues:
"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"
It is "NOT AN INFRINGEMENT" to make "ANOTHER COPY OR ADAPTATION." Can
you say it means anything about only one copy?
Now Section 117 gives 2 different condition when it making "another copy
or adaptation" is "not an infringement" on the exclusive rights of the
Computer Program Copyright Owner.
These conditions are stated as "(1) . . . . OR . . . . (2)", not (1) AND
(2). Do you know and understand the difference between the two
statements?
(1) AND (2) means that both conditions must be met in order that making
an "ANOTHER copy or adaptation" is "not an infringement."
"(1) . . . . OR . . . . (2)" means that only one of these conditions
need to be met in order that making an "ANOTHER copy or adaptation" is
"not an infringement."
Do you understand so far?
Condition (2) is fairly simple to understand, as it says you can make
backups, and has little bearing on using "ANOTHER copy or adaptation."
Do you agree?
Condition (1) is a little more complicated so first I'll quote it first
in conjuction with part (a), and then break it down into what I believe
it means.
". . . . 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 . . . . 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 . . .
.."
See all I did was removed "(a)" and "(1)" and the "or" at the end.
". . . . that such a new copy or adaptation . . . ."
"New" refers to the "additional" or "another copy or another adaptation"
from part (a).
". . . . is created as an essential step . . . ."
In my interpretation I say " is made as a necessary step"
created - to produce something as a result, or make something happen
essential - necessary: of the highest importance for achieving something
See so far how my "interpretation is going, using the definitions to put
the law into laymans terms?
". . . . in the utilization of the computer program . . . ."
or as I say in my "interpretation:"
". . . . in making use of the software . . . ."
Are you willing to give me that "computer program" means "software?"
utilization - make use of something: to make use of or find a practical
use for something.
So far I'm twisting nothing, am I?
". . . . in conjunction with . . . . "
or as I say in my "interpretation:"
". . . . together with . . . ."
in conjunction with - together with or combined with something
Now we come to the hard part, the difference between "a" and "the"
the - CORE MEANING: an adjective, the definite article, used before
somebody or something that has already been mentioned or identified, or
something that is understood by both the speaker and hearer, as distinct
from "a" or "an"
a - CORE MEANING: the indefinite article, used before a singular
countable noun to refer to one person or thing not previously known or
specified, in contrast with "the," referring to somebody or something
known to the listener.
". . . . a machine . . . ."
Had the writers of this law had the intention that this "new copy or
adaptation" could only be used "in conjunction with" the computer with
the original adaption, then they would have written "THE machince," but
they didn't. They purposefully wrote "a machine," a thing not
previously known or specified.
So that's where I get my "interpretation" of "a machine" meaning:
". . . . a previously unknown computer . . . ."
Then part (1) ends with:
". . . . and that it is used in no other manner . . . ."
Which I use word for word in my interpretation.
So let's put it all together, and put the law and my "interpretation" up
side by side.
First the law again:
". . . . 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 . . . . 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 . . .
.."
Now my "interpretation:"
". . . . 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 . . . . 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 . . . ."
So you see, Section 117 (a) says absolutely nothing about using software
on only one computer, or protecting the exclusive rights of the
copyright owner over that of the owner of a copy of software. Section
117 (a) is a "Limitations on [the] exclusive rights" of the copyright
owner, and is a protection "the owner of a copy of a computer program"
from being sued by the copyright owner for "infringement" for making
"additional copies or adaptations."
Now show me, in as much detail as I have, where I twisted the meaning of
the law, and how you think the law really means software can only be
installed on One Computer.
I believe you've done the name calling more than anyone else in the
group, and in fact, I seem to recall you making up silly names for
people you reply too before they did anything rude to you. Hardly a
respect and do unto others type action.
I usually wait until some disrespects me first, before throwing the
first stone. But I was raised in New Jersey, where the put down is an
art form. Calling me a name isn't what I call disrespect.
Disrespecting me for my opinions was what I was talking about.
You keep saying that such and such is a violation of the EULA, like it
is a fact, yet you never answered the following.
"Right now, SCO is suing IBM for violating its UNIX licensing agreement.
Has IBM violated the licensing agreement before a court rules it has,
just because SCO and its supporters say so? If so, then why have a
trial?"
So has any private non-commercial individual violated MS's EULA, when MS
has never even sued one for violating the EULA, let alone proved it in a
court of law?
And you talk about me stating stuff as facts! I go out of my way to
show and explain my opinions. You hide from the tough questions when
you can't answer them without making yourself look like a fool!
Call it what you like, taking the conversation in another direction
without providing an answer to questions posted is a common
diversionary tactic of many trolls.
And that is exactly what you did when you just un-Plonked me. I could
care less about your opinions about the current state of Linux, and your
post was totally tangential to what I replied to someone else.
You must have been seeing your reflection in your computer monitor as
you typed all this nonsense about me, as you are more guilty of it than
I ever am!
If you're not a troll, and stop
acting like one, I would apologize for calling you one, until then,
it stands as being a troll in my book.
I'm not acting like one. I'm acting like a person that has his own
opinion and is willing to defend it. I explain my opinions, and I
answer all questions asked of me, made by people I respect. I don't
respect you at all, as you are not worth any. You are a boil on my ass,
and it's time to pop you!
Sure, read back two (or three) replies and you'll see where I replied
to your comments about easy to use alternatives, which you then
replied in a rude, off base manner.
Like I already said, totally tangential to the post you replied to. And
you have the gall to say I'm the one that replies by going off on
tangents!
And here is my guess: If you reply at all, and I see that as a very big
IF, you will rant and rave some more about me being a troll, and ignore,
or dismiss in a sentence or two, the parts about Section 117, and about
SCO/IBM, without showing us, in as much detail I have, why you think I
twist Section 117 or why you feel it right to tell people they have
violated a EULA that is as legally unsubstantiated as MS's when it comes
to private non-commercial use of MS software.
Put up or Plonk me again. Otherwise I'm just gonna ream you a new
a**hole.
--
Peace!
Kurt
Self-anointed Moderator
microscum.pubic.windowsexp.gonorrhea
http://microscum.com
"Trustworthy Computing" is only another example of an Oxymoron!
"Produkt-Aktivierung macht frei"