🚀 go-pugleaf

In <70478@microsoft.UUCP> fredf@microsoft.UUCP (Fred FREELAND) writes:

>Our licensing agreement says:

>3. OTHER RESTRICTIONS....

At a licensing agreement isn't a licensing agreement until you get
somebody to agree to abide by it.  (The "agreement" does not exist
until somebody "agrees".)  Traditionally this agreement happens only
when somebody signs the license agreement.  An unsigned license
agreement isn't a license agreement.  (Verbal agreements, though
legally valid, are nearly impossible to prove or enforce.)

I'm sure a lot of software companies wish it weren't so.  But until
they can get a court ruling confirming that they can make a license
agreement binding on a party that hasn't signed it, these license
agreements will remain wishful thinking.

Software users who are party to a *signed* a license agreement are
legally bound by its conditions.  The rest of us need only obey
copyright law.  Publicly available software that is covered neither by
a signed license agreement nor by copyright law is probably public
domain.  The software vendors fully realize this and this is why *in
addition* to their license agreements they include stern copyright
claims.  Such copyright claims would be completely unnecessary if
unsigned license agreements had any legal merit.
--
Rahul Dhesi <dhesi%cirrusl@oliveb.ATC.olivetti.com>
UUCP:  oliveb!cirrusl!dhesi