3 ms·
Okay. Now put yourself in the position of Microsoft, using this scheme for Windows. We'll pretend real copyright doesn't exist, and we've got your hair-brained
by frognumber 3y ago
Okay. Now put yourself in the position of Microsoft, using this scheme for Windows. We'll pretend real copyright doesn't exist, and we've got your hair-brained scheme. This is how it plays out:
1) You have a $1T product.
2) My wife leaks it, or a burglar does. I am a typical consumer, with say, a $20k net worth.
You have two choices:
1) Sue me, recover $20k, and be down $1T (minus $20k, plus litigation fees), and get the press of ruining the life of some innocent random person
2) Not sue me. Be down $1T (including the $20k) .
And yes, the author of a program can put whatever conditions they want into the license: "By using this program, you agree to transfer $1M into my bank account in bit coin, to give me your first-born baby, to swear fealty to me, and to give me your wife it servitude." A court can then read those conditions, have a good laugh, and not enforce them. There are very clear limits on what a court will enforce in licenses (and contracts), and owning the output of a program, and barring exceptional circumstance, courts will not enforce them:
https://www.lexology.com/library/detail.aspx?g=eb52567a-2104-4034-8daf-bf6c5cb9cd45 https://www.lexology.com/library/detail.aspx?g=eb52567a-2104...
This is why programmers should learn basic law, not treat is as computer code, and consult lawyers when issues come up. Read by a lawyer, a license or contract with an unenforceable clause is as good as having no such clause.
- yorwba 3y ago> There are very clear limits on what a court will enforce in licenses (and contracts), and owning the output of a program, and barring exceptional circumstance, courts will not enforce them: It seems to me that the cases in the article you linked involved the author of the program arguing that their copyright automatically extended to the output without any extra contractual provisions concerning copyright assignment, so I don't think they can be used as precedent regarding the enforceability of such clauses.