Honoring Software Licneses

[DTSMAN]

Software licensing wording and actual usage I find confusing. If I buy a maintenance type software, it seems to me I should be able to use it on whatever coputer(s) I want to because I am the one who bought it and I am the one who is using it not reselling it or giving it away. For example, a technician owns a copy of Norton's Partition Magic, the license agreement says you can only use it on one computer, but lets say he uses it when he is servicing another computer is this illegal if that computer that was partitioned with the partitioning tool does not have the partioning software tool loaded on it. What I am driving at is if you purchase disk maintenance tools, shouldn't you as the purchaser be able to use that tool whenever you want to. Of course the manufacturer would love to sell a copy of a software for every computer sold but that isn't realistic. I am shopping for a partitioning and a cloning software and I want to be leagal, but at the same time I am questioning if these people have the right to restrict my personal usage of a product that I bought? To keep this simple lets not bring up operating systems, I understand that, but concentrate on maintenance utilities like Partition Magic and Ghost etc.

Bo

Kentucky phone support-
"Mash the Kentrol key and hit scape."

 

[mrdenny]

It all depends on the license that you are granted when you purchase the product. Some software requires a license for each machine you install on, and some come with an Enterprise License to cover all machines at the company.

In the Partition Magic example, I would assume that using it to repartition your friends PC would be a violation of the license.

When you open that package and install the software you are agreeing to the EULA. If the EULA says that you can only use it on one machine then you can only use it on one machine. Use on any other machine is a violation of the EULA.

As I said many companies will sell you an Enterprise License that covers all machines at the company, however these licenses are much more than a per machine license.

Denny
MCSA (2003) / MCDBA (SQL 2000)

--Anything is possible. All it takes is a little research. (Me)

http://www.mrdenny.com

Donate to Katrina relief

 

[Grenage]

shouldn't you as the purchaser be able to use that tool whenever you want to

No, when you purchase the software you are agreeing to their conditions. If you do not agree to them you do not have to purchase the software.


Carlsberg don't run I.T departments, but if they did they'd probably be more fun.

 

[svanels]

You have a political answer and a logical answer.

You have 3 computers at home, will you buy the enterprise software? My thinking is in this case that the EULA is geared towards those who buy the software to make money with it (software pirates)

The EULA is very standard, I doubt that 75% of all software vendors, big companies excluded, take their time to write up their own EULA.
If you make an installation package, there is already an EULA included, just fill in the blanks.



Steven

 

[grande]

How much does Partion Magic cost? And, if you only buy it for your computer, how many times are you going to use it? Twice, maybe?

Let's be realistic.

-------------------------
Just call me Captain Awesome.

 

[DTSMAN]

Example:

I buy a Toro lawn mower. I mow my grass and 5 other yards for extra money. Do I owe Toro a licnese fee to to use this mower on someone elses yard? They are losing money because now that person didn't buy a lawn mower for their yard and I am making money with their tool. Yet they aren't complaining.
Hence, I said I would like to concentrate on tools not Operating Systems. Now the lawn company has grown, I buy a software tool (ie a backup utility) to use on my small office network of 4 computers and I have to buy it 4 times?

I guess what I am asking is if I am not making money with a software tool, only using it for personal use, do they really have the right to restrict me from using it multiple times, legally? (Just because someone wrote something in a contract doesn't mean it will hold up in court)

I want to be legal, but I don't want to have to give in to some BS that I don't have too.

Disclaimer:
I am not trying to find a way to rip-off software creators. Only whether or not anyone else feels that certain software tools do not have the right to legally charge you multiple times when no other industry works that way.

Bo

Kentucky phone support-
"Mash the Kentrol key and hit scape."

 

[Grenage]

No, but you didn't agree to use the mower soley on your own lawn when you purchased it, did you?


Carlsberg don't run I.T departments, but if they did they'd probably be more fun.

 

[SQLScholar]

I guess what I am asking is if I am not making money with a software tool, only using it for personal use, do they really have the right to restrict me from using it multiple times, legally

Sorry mate but unfortunately you dont decide if that is legal - and with most software it is not.

Dan

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There are 2 types of computer, the prototype and the obsolete!!
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No D, just plank - and its not my fault

 

[spamly]

I don't think the lawn mower:software license product is a great analogy. With a lawn mower, you are buying a product with no license restricting use (other than warranty garbage). With the software, you are buying media and the rights to use that media per the license contract.

Most licenses allow you to run the product on one system. If you uninstall that product you can the install it on another system. Concurrent use is what the vendor is trying to avoid.

I can't speak to the specific software your using though.

 

[svanels]

No, but you didn't agree to use the mower soley on your own lawn when you purchased it, did you?

Would you buy something from a company that had the impertinence to demand that B.S?

I doubt that the makers of Partition Magic would hire a whole legal army to prove in court that you have used a simple copy to clean-out your aunts PC. Unless you re-engineered their product and are claiming a patent on that, or are selling it on the internet.

Another point of view, how many vendors realy care that their product is realy used?
If you buy the lawn mover to clean your carpet, it is up to you. The only thing they want is your money and not any claims for damage resulted from stupidity.

But for every problem there are a lot of solutions. One of them is the Universal Disclaimer

This product is meant for educational purposes only. Any resemblance to real persons, living or dead is purely coincidental. Void where prohibited. Some assembly required. List each cheque separately by bank number. Batteries not included. Contents may settle during shipment. Use only as directed. No other warranty expressed or implied. Do not use while operating a motor vehicle or heavy equipment. Postage will be paid by addressee. Subject to CAB approval. This is not an offer to sell securities. Apply only to affected area. May be too intense for some viewers. Do not stamp. Use other side for additional listings. For recreational use only. Do not disturb. All models over 18 years of age. If condition persists, consult your physician. No user-serviceable parts inside. Best if eaten before date on carton. Subject to change without notice. Times approximate. Simulated picture. No postage necessary if mailed in Canada. Breaking seal constitutes acceptance of agreement. For off-road use only. As seen on TV. One size fits all. Many suitcases look alike. Contains a substantial amount of non-tobacco ingredients. Colors may, in time, fade. We have sent the forms which seem to be right for you. Slippery when wet. For office use only. Not affiliated with the Canadian Red Cross. Drop in any mailbox. Edited for television. Keep cool; process promptly. Post office will not deliver without postage. List was current at time of printing. Return to sender, no forwarding order on file, unable to forward. Not responsible for direct, indirect, incidental or consequential damages resulting from any defect, error or failure to perform. At participating locations only. Not the Beatles. Penalty for private use. See label for sequence. Substantial penalty for early withdrawal. Do not write below this line. Watch for falling rock. Lost ticket pays maximum rate. Your cancelled cheque is your receipt. Add toner. Place stamp here. Avoid contact with skin. Sanitized for your protection. Be sure each item is properly endorsed. Sign here without admitting guilt. Slightly higher west of the Mississippi. Employees and their families are not eligible. Beware of dog. Contestants have been briefed on some questions before the show. Limited time offer, call now to insure prompt delivery. You must be present to win. No passes accepted for this engagement. No purchase necessary. Processed at location stamped in code at top of carton. Shading within a garment may occur. Use only in well-ventilated area. Keep away from fire or flame. Replace with same type. Approved for veterans. Booths for two or more. Check here if tax deductible. Some equipment shown is optional. Price does not include taxes. American money accepted at par. Not recommended for children. Prerecorded for this time zone. Reproduction strictly prohibited. No solicitors. No alcohol, dogs, or horses. No anchovies unless otherwise specified. Restaurant package, not for resale. List at least two alternate dates. First pull up, then pull down. Call toll free before digging. Driver does not carry cash. Some of the trademarks mentioned in this product appear for identification purposes only. Record additional transactions on back of previous stub. This supersedes all previous notices. Some types of changes may be lost. Warrantee void if opened.

Steven

 

[Grenage]

Would you buy something from a company that had the impertinence to demand that B.S?

No I wouldn't, but that would be my right. They probably wouldn't sell many mowers and the firm would go out of business or change it's policy.

I did like your universal disclaimer thuough


Carlsberg don't run I.T departments, but if they did they'd probably be more fun.

 

[lgarner]

Check the license before you use the product. The seller of products typically controls the terms and conditions, which is proper.

The buyer, on the other hand, is not required to buy the product. If you don't agree with the license, then don't buy the product. There are several options: buy another one, make your own, or just don't use the product type. Or, disregard the license and use it anyway. That discussion might be better served in the Ethics forum here.

As for the lawn mower, it would be ludicrous for a manufacturer to place restrictions on my use of their mower. But, it would be their right. My rights would include purchasing a competing brand which has a license that I can agree to.

 

[dkediger]

The lawn mower comparison could be valid if we had a physical cloning machine to create multiple copies of the one lawn mower we purchased to then mow the whole neighborhood.

Since we don't have that cloning device for such a physical object, its not an issue for lawn mower manufacturers.

However, that cloning device does exist in the digital world, and that's what the licenses are generally trying to prevent. Enterprise, or technician-use, licenses are generally available for software such as Partition Magic.

A gray area does arise in the install-use-uninstall-install on different machine-use-uninstall situation. Generally, fair use would indicate this is allowable, but some license language would technically disallow this.

 

[Stella740pl]

My understanding is, the OP needs it not to install it on personal computer to use it once or twice during the lifetime of the machine, and then once or twice on a relative's machine. Really, it's a rarely used tool you probably wouldn't buy for one machine only, or even want to install at all if it's possible to use right from the disk.

Bospruell said he/she wants to use it to service a "small office network of 4 computers", which I would guess would be logical (don't know if legal). In this case, instead of buying a retail copy, or 4 of them, for that matter, I would go to their web site, or call them, and ask what options do they have for users like that. Many companies have some option that is cheaper than 4 separate licenses and legal for professional use.

 

[svanels]

Probably the phone calls are more expensive then the software itself

Steven

 

[Stella740pl]

Are you saying Norton doesn't have an 800 number?

 

[mrdenny]

Just because someone wrote something in a contract doesn't mean it will hold up in court

Just because the EULA saying that you can only install the software on one machine won't hold up in court doesn't mean that Synmantic can't make your or your employeer go broke defending your self in court.

It's much easier for them to tie you up in court for the next 2 or 3 years with all those legal fees and drive you out of businees, and thereby forcing you to drop the case, which means that they can announce that they have won.

Look at all the companies that RIAA has put out of business. RIAA didn't get a judgment against most of them, they simply out spent them in court and waited for all the money to dry up.

What's legal doesn't matter in the courts. It's all about who can afford to defend there position the longest, or at least until the trial (and the onslaught of appeals) has finished.

As an example:

"Sam Yagen, President of eDonkey, testified at the Judiciary committee's hearing 'Protecting Copyright and Innovation in a Post-Grokster World'. It was there he told the committee that he is throwing in the towel. 'The Grokster standard requires divining a company's intent, the decision was essentially a call to litigate. This is critical because most startup companies just don't have very much money. Whereas I could have managed to pay for a summary judgment hearing under Betamax, I simply couldn't afford the protracted litigation needed to prove my case in court under Grokster. Without that financial ability, exiting the business was our only option despite my confidence that we never induced infringement and that we would have prevailed under the Grokster standard.'"

Denny
MCSA (2003) / MCDBA (SQL 2000)

--Anything is possible. All it takes is a little research. (Me)

http://www.mrdenny.com

Donate to Katrina relief

 

[svanels]

Sam Yagen choosed the right name eDonkey, tried to make money a cheap way. Cleaning out aunt Mary 's pc on a rainy sunday afternoon is other stuff.

Steven

 

[mattKnight]

I suspect that Partition Magic is a slightly special case;

You are authorized to use ONLY a single copy of the Software on the number of computers for which you have purchased a license as indicated on the accompanying license certificate. Each permitted copy of the Software may be used only in connection with a single computer owned or leased by you. If the Software is made available on a network, it may be accessed only by ONE specific computer. Once the Software has been accessed by ONE specific computer it may not be used on any additional computers without purchasing additional licenses. All copies of the Software must include the copyright, trademark, and patent notices.

This license is personal to you. You may not sublicense, lease, sell, or otherwise transfer the Software or any of the accompanying documentation to any other person. You may use the Software only for your own personal use if you are an individual, or for your own internal business purposes if you are a business. If you are a service bureau, integrator, value added reseller, or other type of service provider and wish to use this software on your clients' computers, you must purchase a Configuration License.

It seems to me pretty watertight (from a non-lawyers point of view) that you can only install Partition Magic on 1 single machine per licence; concurrent installations are not permitted



Take Care

Matt
If at first you don't succeed, skydiving is not for you.

 

[svanels]

It is a $70 utility, has a nice EULA, the usage of it is not 24 x 7 and it is not mission critical software.


Check the link out, where they are talking about real money

http://www.microsoft.com/sql/evaluation/compare/pricecomparison.mspx

Steven