Software Licensing and Sanity (was Re: Moving from SCO to SuseLinux)

[Bill Vermillion]

On Sat, Jul 31 14:51 , Men gasped, women fainted, and small children 
were reduced to tears as Fairlight confessed to all:" 

> On Sat, Jul 31, 2004 at 10:55:10AM -0400, after drawing runes in goat's blood,
> Bill Vermillion cast forth these immortal, mystical words:
> > Since this was a 'complimentary copy' - and the recipient did not
> > buy the book - the person/company who sent that book could legally
> > place restrictions upon it.  

> > To me this could also fit along the lines of an NDA.  

> > I'm assuming the doctor had to at least request that complimentary
> > copy.

> No, it was "just delivered"...out of the blue.

Then there are no strings.  See below.

> > However >IF< that company sent the copy un-requested AND they
> > shipped it by mail I've always heard that things like that are
> > yours to do with what you wish.

> I sure as hell would have had no hesitation pitching it.  Someone sends you
> something entirely unsolicited, I don't think you should be bound by some
> weird terms they attach to it.  At that point, is it not a legally defined
> gift, yours to do with what you will?  Actually, that has exceptions.
> Someone could give you software, and you're not free to copy it and give
> out copies.  But you -could- give away the original--I -think- even if the
> EULA says it's non-transferable.

The law says nothing about WHAT it is you get.   Book, software,
hand-knitted aardvark, etc.   And note that what I said about
receiving it 'by mail'.


========================================

   Inspection Service Home Page 

   United States Postal Inspection Service
   Receipt of Unsolicited Merchandise

   
   A company sends you a gift in the mail--a ball point pen, a key chain,
   a tie. But you didn't order it. What do you do? If you are the type of
   person this company is looking for, you may feel guilty about
   accepting the item without paying for it. Don't feel guilty! It's
   yours, and you are under no obligation to pay anything.

   You, the consumer, may only legally be sent two types of merchandise
   through the mail without your consent or agreement:
     * Free samples which are clearly and conspicuously marked as such.
     * Merchandise mailed by a charitable organization that is soliciting
       contributions.

   And in these two cases, you can consider the merchandise a gift if you
   wish. In all other situations, it is illegal to send merchandise to
   someone, unless that person has previously ordered or requested it.

   These rules are codified in Title 39, United States Code, Section
   3009. That section of the Postal Reorganization Act of 1970
   incorporates these protections for American consumers and makes the
   mailing of unordered merchandise unfair methods of competition and
   unfair trade practices under the law.

   If you do not wish to pay for unsolicited merchandise or make a
   donation to a charity sending such an item, you may do one of three
   things (in each case, by law, you have no obligation to the sender):
     * If you have not opened the package, you may mark it "Return to
       Sender," and the Postal Service will return it with no additional
       postage charged to you.
     * If you open the package and don't like what you find, you may
       throw it away.
     * If you open the package and like what you find, you may keep it
       for free. In this instance, "finders-keepers" applies
       unconditionally.

   Furthermore, it is illegal for a company that sends you unordered
   merchandise to follow the mailing with a bill or dunning
   communication.

   If you are aware of violations of the federal law prohibiting the
   mailing of unordered merchandise, or if you have personally had
   difficulty with such items--especially if you are sent statements
   demanding payment for the merchandise--you should contact you local
   postmaster or the nearest Postal Inspector.

                      | Inspection Service Home Page |
========================================

Bill
-- 
Bill Vermillion - bv @ wjv . com