Re: f0dder's fabulous folly.
From: Ed Beroset (beroset_at_mindspring.com)
Date: 07/24/04
- Next message: beta : "Re: Solving the Google "prime number in e" challenge"
- Previous message: Beth: "Re: f0dder's fabulous folly."
- In reply to: hutch--: "Re: f0dder's fabulous folly."
- Next in thread: T.M. Sommers: "Re: f0dder's fabulous folly."
- Reply: T.M. Sommers: "Re: f0dder's fabulous folly."
- Messages sorted by: [ date ] [ thread ] [ subject ] [ author ]
Date: Sat, 24 Jul 2004 16:55:21 GMT
hutch-- wrote:
> Ed,
>
>
>>None. The purpose of the EULA is to protect *Microsoft* and not you.
>
>
> Its evident that you have not read the EULA,
You are quite mistaken. I have read it very carefully. Have you?
> of course it protects Microsoft
Yes, because that is the *purpose* of the EULA, as I said. For those
who would prefer to read for themselves rather than relying on
interpretations (I would strongly encourage this!) you can view the
Platform SDK license which covers MASM, at
http://www.microsoft.com/msdownload/platformsdk/sdkupdate/ComponentEula.htm
> but in doing so it provides the user with the legal right to
> use the software
But only in very restricted ways, unlike GPL. This protects Microsoft
only, and not the users.
> to write what they like
Not so. Look at section 1, SOFTWARE PRODUCT -- it says that "You may
install and use ... the SOFTWARE PRODUCT ... to design, develop, and
test your software for use with ... any version or edition of any
Microsoft operating system ..." I've elided a lot of the subclauses for
brevity, but skeptics should verify that I have not altered the meaning
of the sentence. I interpret this to mean that if you wanted to develop
your own OS, you would not be allowed to do so using MASM under the
terms of this license because this OS would not be "for use with any
Microsoft operating system." This is a restriction that protects
Microsoft only, and not the users.
> and distribute it whatever way they like and that is LEGAL
> protection that is provided by their EULA.
This is also incorrect. If your software includes any redstributable
components, such as the Common Dialog DLLs, the MS installer, database
DLLs, OpenGL for Windows, etc., then you are expressly forbidden to
distribute it in conjunction with any open source software (including
that covered by GPL, LGPL, Perl-style Artistic License, etc.
Specifically, the EULA states:
"You shall not (a) incorporate any Publicly Available Software in whole
or in part into any part of a derivative work of the Redistributable
Components; (b) use Publicly Available Software in whole or in part in
the development of any part of a derivative work of the Redistributable
Components in a manner that may subject the Redistributable Components
or derivative work thereof, in whole or in part, to all or part of the
license obligations of any Publicly Available Software, or (c) combine
or distribute the Redistributable Components or derivative thereof with
any Publicly Available Software. “Publicly Available Software” means
each of (i) any software that contains, or is derived in any manner (in
whole or in part) from, any software that is distributed as free
software, open source software (e.g. Linux), or similar licensing or
distribution models; and (ii) any software that requires as a condition
of use, modification and/or distribution of such software that such
software or other software incorporated into, derived from or
distributed with such software be (a) disclosed or distributed in source
code form; (b) be licensed for the purpose of making derivative works;
or (c) be redistributable at no charge. "
You can't use free software in conjunction with MASM to develop your
software, and you can't distribute it in conjunction with any open
source project OR any free (as in "free beer") software IF you include
any redistributable components. This is a restriction that protects
Microsoft only, and not the users.
Note also that the EULA restates these restrictions in section 10, but
starting off with the clause "You warrant that ... " your work "will not
incorporate, be combined or distributed with Publicly Available Software
in whole or in part, and (b) You will not use Publicly Available
Software in the development of any part of such derivative work..."
This is a restriction that protects Microsoft only, and not the users.
Incidentally, I notice that MASM32 includes the file MSPDB50.DLL, but
here's what an old article on Microsoft's web site says: "Keep in mind
that MSPDB50.DLL, like MSDBI.DLL, is not redistributable." (see
http://www.microsoft.com/msj/0299/bugslayer/bugslayer0299.aspx ) Of
course, that was originally published five years ago, so it's possible
that Microsoft has decided to allow redistribution since.
Don't worry, though. I'm sure your faith in the EULA will keep you safe
and secure.
Ed
- Next message: beta : "Re: Solving the Google "prime number in e" challenge"
- Previous message: Beth: "Re: f0dder's fabulous folly."
- In reply to: hutch--: "Re: f0dder's fabulous folly."
- Next in thread: T.M. Sommers: "Re: f0dder's fabulous folly."
- Reply: T.M. Sommers: "Re: f0dder's fabulous folly."
- Messages sorted by: [ date ] [ thread ] [ subject ] [ author ]
Relevant Pages
|
