smirobth wrote:hristo wrote:smirobth wrote:
Hi Hristo,
I don't think it is our interpretation of "free" that is different. I think it is our interpretation of "without restriction" that is different. For me "without restriction" means "without restriction".
Hi Robin,
perhaps you are correct and our differences are in the term "without restriction". Of course, there are always implied or explicitly stated restrictions and one cannot pull out a few words from a legal document and then scrap the rest as if it didn't exist. I've been to court with regard to related matters and have had to deal with lawyers ... and I'm almost certain that "without restrictions" doesn't mean what you think it means.
Anyway, legalize can be incredibly twisted and nonintuitive. The point is that one cannot blindly state that disassembly is legal in all cases and it is even less likely that the information obtained through this process can be legally used in the way Strelka's author might do it.
Regards,
Hristo
There isn't much "legalize" in the Rybka beta 1.0 license agreement to "pull out a few words from". Here is the full text of the Rybka 1.0 "Contents & License" section of the readme:
Rybka 1.0 readme.htm wrote:Contents & License
In this package, you will find the Rybka 1.0 Beta chess engine (dated Dec 4, 2005), as well as the Turk opening book by Djordje Vidanovic. Both versions of these components are free and can be used and transmitted without restriction.
This is fairly clear. You [the user] are given the right to use and transmit the program without restrictions. What you are not given is intellectual property rights and copyrights -- those belong to Vas and unless explicitly stated you [the user] don't have any claim on them.
The "right to use and distribute" and "the intellectual property rights" are distinctly different subjects that don't implicitly trump each-other, but rather put limitations on what can and cannot be done. In this sense you cannot use a clause from one agreement to invalidate other agreements that weren't explicitly named.
smirobth wrote:
Hristo, I am sympathetic to your point of view and I am not in any way advocating software piracy. But I also think the simple fact is that if Vas didn't want people to decompile his code he blew it. He would have had more protection with no user agreement at all.
I don't think that Vas "blew it", but rather made it a bit more difficult -- all he has to do is show that his license didn't confer intellectual property rights.
If he had provided no agreement at all, then nothing would be different with respect to IP, since IP is not part of his agreement to start with and thus the common law applies. For example if you are given a book from which the "copyright" statements had been removed that doesn't make you a "copyright" holder. If the book had a license that said "You can use this book without restrictions" then again you are not the copyright holder of the book, simply because "usage" doesn't transfer the IP to you.
So, "use without restrictions" cannot be taken out of context and pretend that it means things that it doesn't -- namely, there is no implicit (nor explicit) transfer of IP-rights.
Regards,
Hristo