[A83] Re: apps


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[A83] Re: apps




Root/Great Overall Dictator replies:
> > We could do it if people wanted to, the problem is the use that it would
> > get (takes up a minimum of 16K). However, given TI's attitude twards some
> > things, would this be a DeCSS type fiasco? (I don't think they would, but
> > still...)
> 
> This is an interesting question.  I am not a lawyer, and haven't seen
> anything regarding the legality of this, so this is just my opinion.
> Because the calculator is not software, there is no "shrink-wrap" type
> license that you must agree to before using it (although I do not know if
> the legality of shrink-wrap licenses have ever been tested in court).
> 

I have heard of some cases (state and some in federal court, I believe) that
say that they are invalid becasue they constitute a modification of contract
after the sale. However, if you get a C&D order from a lawyer, most people
will, and even those who fight, still run out of money before a corperation
does. 

However, if you download something and then click on accept (or variations),
you are bound by it, as it is not a modification of contract, it is the
contract.

Of course with the evil UTCIA (or whatever the acronymn is) things turn on
users, and of course the DMCA, but if we are not attempting to access
something copyright by TI, then we are fine (And I don't believe numbers can
be copyrighted. ... well yet anyway)

> Again, I'm not a lawyer, so unless you are, there isn't much point in
> arguing about this.  But I would be wary about attempting to crack TI's
> private key and distribute applications signed by it.  If you can't afford
> the measly $100 for a signing, then you sure can't afford to take TI to
> court over it.

That is the whole point of shrink-wrapped licences.

James L.



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