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44 votes
Accepted

How does licensing software not imply ownership? Don't I own a Windows operating system once I pay for it?

General The legal discussion hinges on the question whether the concept of copyright exhaustion applies to software. (The linked article also discusses the Court of Justice of the European Union ...
Peter - Reinstate Monica's user avatar
35 votes
Accepted

What stops stolen software from offering a valid license?

I've never seen a license agreement like this make that license conditional on having actually paid for the software. Careful reading of license agreements shows that this isn't accurate. Commercial ...
user71659's user avatar
  • 3,572
21 votes

What stops stolen software from offering a valid license?

A computer can’t enter into a contract A EULA is a contract between the software company (not the computer) and the end user. If the software is obtained in a manner authorized by the publisher, then ...
SegNerd's user avatar
  • 5,163
20 votes

How does licensing software not imply ownership? Don't I own a Windows operating system once I pay for it?

How does licensing a software not imply ownership? Because it doesn’t. Don't I own a Windows operating system once I pay for it? No Scenarios 1 - 3: each and every one of these is a breach of the ...
Dale M's user avatar
  • 211k
8 votes

How does licensing software not imply ownership? Don't I own a Windows operating system once I pay for it?

Under standard contract law, all the negative replies listed here would be correct. HOWEVER- having in the past contacted Microsoft service about OS transfer under MS licensing, so long as the license ...
Asuka Jr.'s user avatar
6 votes
Accepted

Software content library license requires "including a valid copyright notice". How does it limit my use?

You are required to provide a copyright notice on your work, such as putting (c) rhino 2016 in the liner notes. Nothing precludes you from licensing that copyright in any way you want, such as ...
David's user avatar
  • 537
6 votes

can I get sued without accepting EULA

No. You cannot be held liable for violating the EULA if you have never used the software and are only reporting what people who did use it told you. Of course, people bring groundless lawsuits all ...
ohwilleke's user avatar
  • 218k
6 votes
Accepted

How the rights of the DotA map could be transferred to Valve?

An additional important fact is that the EULA at the time did not assign Blizzard the rights to custom maps.1 And since 2010, Blizzard and Valve have jointly registered DotA-related copyright. See e.g....
Jen's user avatar
  • 57.3k
5 votes

Minecraft EULA for mods

Copyright is the reason Microsoft owns the copyright to the Minecraft code. That gives them exclusive rights to make copies and derivative works. A mod is a derivative work. Further, copyright is near ...
Dale M's user avatar
  • 211k
4 votes

Can disabling Windows 10 updates be considered a crime?

I don't know anything about Russian law, but from a U.S. perspective I'd say your analysis -- of both EULA interpretation and tiny-dick syndrome -- would be spot-on.
bdb484's user avatar
  • 60.3k
4 votes

Are there limits on terms that can be stipulated in an EULA?

South Park did the EULA gag, and such an agreement would be unenforceable as unconscionable. NDAs, on the other hand, are conscionable, but a EULA isn't an NDA. There isn't a specific statute that you ...
user6726's user avatar
  • 215k
4 votes

Does Mojang break the law with restrictions in their EULA for Minecraft?

The rule you are alluding to with respect to a television set is called the "first sale doctrine" which basically prohibits copyright and trademark owners from limiting the ability of a buyer of a ...
ohwilleke's user avatar
  • 218k
4 votes
Accepted

It is illegal for someone to use software applications on a found laptop computer?

Would it be legal to jump into an unlocked car and start it? No. Same situation, different object.
Dale M's user avatar
  • 211k
3 votes

Reverse engineering for security research

As you have agreed, by contract, not to reverse engineer the product, technically it would be a "breach of contract" to do so, assuming such terms are enforceable where you live (or wherever the EULA ...
Upnorth's user avatar
  • 1,058
3 votes
Accepted

Can liability for data disclosure be waived by T&Cs under GDPR?

GDPR defines the responsibility of Companies to ensure that Personal Data in their possession is maintained Secure ensuring Confidentiality and Privacy towards the Data Subjects to whom it pertains. ...
Rui Freitas Serrano's user avatar
3 votes
Accepted

Is MCLeaks breaking the Minecraft EULA?

The section you quote as clearly saying a thing is not clearly saying the thing. However: you cannot pass on or resell any license keys seems to say a thing clearly. However, one could ...
jqning's user avatar
  • 8,706
3 votes

Is it enforceable to restrict publication of work created with my tool

You can license the use of your IP only for certain uses, for example (most commonly) "non-commercial". The general template of permission is "You have permission to ___ as long as you ...
user6726's user avatar
  • 215k
3 votes

Buy a computer/phone from Apple, disagree to the terms of service after purchase; what's the legal perspective

Return it If you are unwilling to enter the contract then you can return the device for a refund.
Dale M's user avatar
  • 211k
3 votes
Accepted

Using images downloaded from Freepik, pixabay etc

License to use does not mean license to create derivative works These are different rights under copyright. If you want to make a derivative work, which your animations are, you must have a license to ...
Dale M's user avatar
  • 211k
3 votes

It is illegal for someone to use software applications on a found laptop computer?

This would be a violation of 18 USC 1030, which criminalizes knowingly accessing a computer without authorization. The provisions of this law are fairly open-ended. It depends on what exactly you do ...
user6726's user avatar
  • 215k
3 votes

Is it legal to force users to accept new terms of service by threatening financial loss?

Why isn't forcing users to accept new Terms of Service by threatening financial loss, (like denying access to purchased content, or inhibiting or prohibiting the ability to earn an income), considered ...
ohwilleke's user avatar
  • 218k
3 votes

Can I include EULA-licensed IP core in GPL codebase?

There are two licenses, and two parties involved who can sue you if you violate copyright by copying their IP without permission according their license. If you give source code that you are only ...
gnasher729's user avatar
  • 34.2k
3 votes

If one purchases a machine and software that has no EULA, etc, can said person legally alter the code of the program purchased?

Recall the basic principle of copyright law, as detailed in 17 USC 106: The copyright holder has the exclusive right to make copies; prepare derivative works; or distribute copies by sale, rental, ...
Nate Eldredge's user avatar
2 votes
Accepted

Is a EULA without clickwrap binding?

The relevant consideration is whether you have provided adequate notice of the license terms, and whether the customer has manifested assent to those terms. It is not sufficient for it to be somehow ...
user6726's user avatar
  • 215k
2 votes

Which country's court interprets EULAs and Terms of Services online?

A court interprets things if you take someone to court. So the first step is to find a court that feels responsible. US courts feel responsible if the case is related to their area. For example, a ...
gnasher729's user avatar
  • 34.2k
2 votes

Is it legal to host a directory of .onion urls?

Generally speaking, you are only linking to other resources on the web, and generally that's not illegal. But that could be different depending on the country that hosts the site and the country of ...
BlueDogRanch's user avatar
  • 18.8k
2 votes

Apps Privacy Policy on a site

I was sent to this question by a coworker and realise that it's been posted quite a while ago. Anyhow, since this might help other people in the future...here we go: Privacy policies are largely a ...
Simon's user avatar
  • 549

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