Re: masm32

From: Robert Redelmeier (redelm_at_ev1.net.invalid)
Date: 09/07/04 

Date: Tue, 7 Sep 2004 13:18:29 +0000 (UTC)

Bob Masta <NoSpam@daqarta.com> wrote:
> Again, this is not a limitation unless it specifies *only*
> these uses. There is nothing about this statement that is
> exclusionary, only inclusive. This appears to be simply
> a statement of fitness for purpose, not a restriction.
> If they intend this as a limitation, they need to learn
> the English language as well as go back to law school.

     The text someone posted was:
"SOFTWARE PRODUCT. You may install and use an unlimited number of
copies of the SOFTWARE PRODUCT on computers, including workstations,
terminals or other digital electronic devices residing on your
premises ("Computers") to design, develop, and test your software
application(s) (_Application_) for use with any version or edition
of Microsoft Windows 95, Windows 98, Windows NT 4.0, Windows
2000 operating system products and/or any version or edition of
any Microsoft operating system product that is a successor to the
foregoing and/or any Microsoft product suite that contains any of
the foregoing (each a _Microsoft Operating System Product_).

It almost certainly also said "Copyright, all rights reserved",
and even if not, the latter is understood.

So you have to point to a clause that allows you to install and
use the SDK (or portions thereof). This is the only one most
people have, and it contains that "to design, ..." condition that
carefully enumerates certain uses. Outside that, you have only
the rights that copyright law grants.

Yes, it would be clearer if MS said what prohibited (but likely)
uses were. They could probably collect punative damages easier.
But I don't think that they want punative damages is they're
going to release the SDK gratis.

-- Robert

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