OT: Trial software / expiration (was Re: OT: Edge on Linux - Issue.)

[Richard Kreiss]

> -----Original Message-----
> From: filepro-list-bounces+rkreiss=verizon.net at lists.celestial.com
[mailto:filepro-
> list-bounces+rkreiss=verizon.net at lists.celestial.com] On Behalf Of
Fairlight
> Sent: Sunday, October 11, 2009 10:30 PM
> To: filepro-list at lists.celestial.com
> Subject: Re: OT: Trial software / expiration (was Re: OT: Edge on Linux -
Issue.)
> 
> On Sun, Oct 11, 2009 at 09:22:57PM -0400, Rkreiss at verizon.net] may or may
> not have proven themselves an utter git by pronouncing:
> > Top post:
> >
> > As far as I know, data, be it from a database program or a file with
> > text, belong to the person creating it.  It doesn't belong to the
company
> > which created the software to create it.
> 
> Quite correct.  Which numerous people seem to forget when they attempt to
> create extortion mechanisms to get paid for their software.
> 
> > I came across this problem years ago when working for a softwsre company
> > dealing with the apparel company.  They leased the hardware and were
> > financing through the company I was working for.  We were advised that
we
> > could repossess our software but not the data.
> 
> Also quite correct.
> 
> > So, MS can not stop someone from seeing the files created with their
> > pre-loaded unlicensed software.
> 
> Not necessarily.  I'll preface this with IANAL, but...
> 
> I've heard stories of being able to skirt this issue.  Some people have
> snatched back their software and actually stooped so low as to provide
> their customers with only hardcopy printouts of reams of data, which
> required re-entry.  It seems that as long as you don't destroy the data or
> prevent access to the data, you -may- somehow be covered.  I'm not sure
how
> much of this is legitimate, how much is illegitimate, and how much is
urban
> legend.
> 
> What would lend me to believe that MS -could- render the files unreadable
> without a licensed copy of the software is that the data still exists.
> It's not destroyed.
> 
> So I already hear the argument firing up that that's not the actual data,
> if it can't be read plainly.  I have a little food for thought:
> 
> Consider the people being sued for downloading movies, music, etc., off of
> peer to peer networks.  People (namely The Pirate Bay, if you follow the
> news) have been accused of conspiracy to commit copyright infringement
> simply for hosting .torrent metafiles, which are files that actually only
> tell the client how to go about downloading the files.  If the people
going
> after infringers are being that stringent and getting away with judgements
> in high courts, it seems that you'd be in a lot more trouble for
> downloading/uploading just partial files, even if you didn't convey an
> entire work in one direction or another.  It's supposedly part of a work,
> and therefore infringing, even though a chunk of data in the middle of a
> file is useless by itself.

I need to apologize for the above and not advising that this had been sent
from my phone.  

A printed copy of the data is perfectly legal. There is nothing in the law
which specifies the form in which the data has to be.  A software company
doesn't have to supply a viewer just the information in some form.

With database software one can leave them the files but not necessarily how
they link together.  They have the data but not in an easily usable form.

I have lost accounts where I have licensed my software and the client has
purchased a new application.  In many cases I have offered to output the
data to csv files so they could import into their new software.  Some took
me up on it, others didn't.  However, I did get calls from them when they
had problems working with their new vendor and was able to assist them
through the problems.  Yes, I did get paid.

When I was doing consulting with companies who were looking for
applications, I always insisted that their purchase contracts have a
stipulation that a backup copy of the most current version of the source
code, in machine readable format for their system, was kept.  This was in
case the vendor went out of business and the client needed the source code.

I know of one vendor which dealt with the apparel industry supplied one
difficult account with printed copies of the source code and no flow
diagrams before they closed.  The contract called for a copy of the source
code and did not specify the form or that it needed to be updated with any
modification.  They got the printout from the original system they
purchased.  Not even the maintenance updates which had been supplied over
the years.

Other accounts got current versions of their source code installed prior to
the vendor closing.

Richard Kreiss

> 
> If that much could be claimed, then it could be argued in this case that
the
> data is still there, even if it's useless without the proprietary
software.
> 
> All it takes is a few lawyers to bring ruin to everything.  Some dangerous
> precedents have already been set.
> 
> mark->
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