Re: [dvd-discuss] Postage Meters and the "Right to Tinker"

[Ken Arromdee <arromdee(at)rahul.net>]

On Fri, 10 Jan 2003, John Zulauf wrote:
> > > The gift is a of copy (and thus the right to use) an fully functioning
> > > installer disk that includes most of the components of a working
> > > TurboTax.  In the EULA and on the packaging are the terms of that
> > > right-to-use.  Any use outside those terms is only legitimate if it
> > > falls under the general rubric of "fair use."
> > No, because the user can refuse to agree to the terms of the EULA.  If he
> > so refuses, he has the rights that he has for use of a gift in the absence of
> > an EULA.
> note the "and on the packaging" quote -- clearly they have communicated
> the absence of a "right-to-use" without additional charge.

They can't do that.  Unsolicited merchandise is legally considered a gift,
whether the company likes it or not.  The company can't communicate
restrictions that keep you from having some of the rights a gift would
normally have.  If they could do that, there would be no point to such a
law in the first place, since any company could just slap on a sticker saying
"this is not a gift" and be exempt from the law.

> In absence
> of the EULA you still don't have the right to make an infringing copies,
> which is was use of the program sans RTU is.

You automatically have the right to make whatever temporary copies are
necessary to run the program.