[linux-audio-user] Re: Free Software vs. Open Source: Where do *you* stand?

[Rob]

On Tue February 21 2006 16:52, Peter Bessman wrote:
> Rob wrote:
> > At any rate, not breach of contract, which was the whole
> > point of that paragraph.
> Oh, I'm sorry.  Please explain to me how violating a license
> does not constitute breech of contract.  

Please explain to me how I'm even party to a contract, assuming 
one exists, if I've never seen it.  To this day I've never seen 
Syntrillium's EULA for Cool Edit Pro, and now they don't exist 
anymore and I go without stuff rather than pirating software.

> Because I'm pretty 
> sure almost every EULA in the world (at least the ones I've
> seen), secure you your rights so long as you are not found to
> be "in breech of contract."

Someone may have breached a contract with Syntrillium, if they 
were living in a venue where a shrink-wrap license can be 
construed to be a contract (since most pirated software back 
then originated outside the US, I have no idea).  However, if I 
did anything illegal it was to violate their copyright.  If you 
invite someone into your vacation rental and he does something 
that violates your rental contract, even if he was aware that 
one existed, you're the violator of that contract, not him.

I don't see much point in reiterating this again, so I hope 
you're able to understand.

Rob