I`m not going to argue the difference between logical and
rational, but do you not find that such application of the
law is a slippery slope?
Yup! And I`d suspect that a lot of good lawyers are just as concerned.
The entire legal system seems to be slipping faster and faster into
this concept of vague, undefined laws, all of which leave it open to
(seemingly) random interpretation by various judges.
Of course if you follow the conspiracy theories, suggesting that the
goal of liberals is to overturn US congressional law through the
appellate court system, then it makes sense. :-)
Sensible software licensing allows multiple copies provided there`s no possibility of two copies being run at the same time.
I bought a desktop and a laptop at about the same week. Yet I had to pay for same pre-installed software. Worse still, Acrobat bought on desktop can`t be installed into my laptop, using original CDROM. Yuk. I downloaded free Foxit for my laptop. My dPC gets slower with time, needing periodic harddrive reformatting. I hate MS for that.
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the matter is not completely speculative. the user DID have too many copies based on what it paid for. further, both sides are guilty of the speculation that is going on. the user says "but there are no actual damages because I never would have [maybe] paid for the extra copies" and the seller says "there are actual damages because we would have [maybe] sold them and the user was deriving SOME value from having the extra copies, even if unused at the moment."
James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
can say for sure that person really would never have used the software?
someone is able to pay $500 but can find a copy for $10 (and the copies exist
to attend people who would never pay for the original price), what would motivate
him to pay $500 instead of $10 as other?
discussion has no end and, actually, is enhancing a disruptive change in the
fair is the price of a software license? How much cost a software (License +
Implementation + Support)? How dependent of a software company I became when I
use it in a large scale? What will happen if this company goes to bankrupt? Who
will provide me support or change the platform once I have no access to the
and many other questions will finish with the use of Open Source Apps. The Open
Source Business Model (By General Public License), the free access to the main
product and its source code put an end on this topic.
have been developing a HR Open Source App for the past 3 years. The results and the way clients and developers join the idea is simply great. We have been
helping small and middle size companies, who has no money to hire (license + implementation
+ support) expensive software, to improve their production level and become
more competitive by using our free application (you pay only for the support,
if you want).
my opinion, the power of collaboration and the appearance of Open Source will
make all those questions and discussions irrelevant.
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Open Source HR Management