Software firms want copyright law rewrite

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I have my wishlist too

On my wishlist:

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Installation is not copying:

For example when I take the CDs and install it on a computer.

At the moment, the claim is, by installing it you are making a copy. Making a copy required authorisation under copyright laws, that authorisation is only granted if you accept this EULA, penalty for doing otherwise is the penalty of copyright infingement.
Circumvention of the protection mechanism enforcing this EULA is punishable by a possible prison sentence under DMCA.

That's a stupid situation to be in, it allows companies to dictate terms and leverage the DMCA as a means of changing the sale terms after the sale. Silly stuff like excluding product liability and other trickery.

I would argue that the company make the software to require that copy during install, they could have run it direct off CD (or a cartridge or whatever) without the need for a copy. Without that 'copy' there would be no need to get a copyright license and no need to push an EULA on a customer.

Hence it is not a copy, it a mechanism to leverage very favorable copyright laws.

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Security Liabilty

The EULA has been used to escape normal product liability. No other product class has this, its particularly bad when vendors refuse to fix their known security holes (e.g. leaving a Javascript vulnerability open for over a year).

That situation has gone on wayyy too long and should be tackled.

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Free Trade Is Good!

The EULA is also being used to suppress parallel importing. This is an essential component of free trade, why should western companies pay $99 while their overseas competitors pay $19?
It just makes them less competitive!

This has been made worse by the extension of DMCA (and it sister in the EU) and copyright. With companies claiming the license is needed and excludes parallel imports under serious criminal penalty.

Posted by: Nigel Johnstone   Posted on: 01/07/05 You are currently: a Guest | Members login | Terms of Use

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