Re [Ti] about the Safari Beta v.64 license

Daniel T* Kegan daniel at keganlaw.com
Wed Mar 12 21:28:15 PST 2003


1. IIRC, whenever I download Apple software from its website, Apple 
wants my email or
logon information. That's part of Apple's deal for distributing 
upgrades and public betas.

2. The cited Apple license language gives the user the right to "use" 
the software, but not
the right to "distribute" the software to others. 17 USC 106 for the 
Copyright Act separate rights to copy, distribute, make derivatives, 
etc.

3. There is much folklore of the past, be it "hackers," the Sixties, 
the purity of academic ivory towers. Most groups balance a sense of 
individual and collective decision making and property rights. In 
academic science the dominant,public model is open publication and 
testing of other's works; but as the Double Helix (DNA) book discussed, 
there is also much ego and property rights that attend the "first" to 
publish/invent/claim. Few are pure altruists, especially in 
contemporary western industrial cultures.

Daniel Kegan * daniel at keganlaw.com * Kegan & Kegan, Ltd.
We identify, develop, and protect intangible business assets
and counsel other professionals on legal issues.
Balanced Counsel for Smart Clients * www.keganlaw.com
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On Wednesday, March 12, 2003, at 01:38  PM, PowerBook G4 Titanium List 
wrote:
> From: "Trevor J. Hutley" <hutley at geneva-link.ch>
>> At 8:07 AM -0500 3/12/03, John R McDaniel wrote:
> Steve - I checked out what the software license agreement itself 
> allows:
> THIS IS TRIAL, PRE-RELEASE, TIME-LIMITED SOFTWARE MEANT FOR
> EVALUATION PURPOSES ONLY.=A0
> This License allows you to download and use the Apple Software during
> the term of this License for evaluation purposes only.
>
> It seems to me that if we the public are downloading and evaluating
> the beta software, we are within the permission of the license.  Or
> is my analysis too simplistic?
> ------------------------------
John Griffin <jwegriffin at mac.com>

On  Wed, 12 Mar 2003 08:07:37 -0500 John R McDaniel <johnmcd at one.net> 
wrote=
> I haven't read the terms of software license. I could say something
> like, "if you are not authorized to beta test this software through
> appropriate channels, you must remove it from your hard drive
> immediately or risk legal action." Dunno. I wouldn't surprise me. I've
> seen a couple of beta testing agreements.

This is the sort of attitude that runs so counter to the early days of
computing it just isn't funny. I remember reading a book called 
"Hackers"
...  It is a history of the MIT days of the 50's and
60's when the very first computing devices were being built. ...
In those days the MIT crowd (and their ilk) shared all information.
>

From: Loren Schooley <loren at flash.net>
On 3/12/03 10:26 AM, "Robert Ameeti" <robert at ameeti.net> wrote:

If the Safari team didn't want distribution, then it wouldn't encourage 
it
so through chat rooms and team member blog entries.  ...
Safari, nor any beta software, is not a double secret nuclear 
development
project, nor a double secret meeting with Dick Cheney to discuss his 
private
companies contracts in New Iraq.
------------------------------ 
  



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