Header file legal issues (was Re: process.h patch)

Gavriel State gav at transgaming.com
Tue Feb 13 14:47:10 CST 2001

Patrik Stridvall wrote:
> > One fly in the legal ointment is that while the headers may not be
> > copyrighable, the shrinkwrap license may still be legal as a contract.
> > There's a case where a court suggested that someone who buys a copy
> > of a product that contains a shrinkwrap license agreement and unwraps
> > it is legally bound to follow it, while the person who later finds the
> > unwrapped CD 'on the street' with no such license is allowed to copy
> > the portions that are unprotected by copyright.
> If that is so, wouldn't it mean that if you have a pirated copy of the
> headers you can legally copy and distribute parts that are unprotected by copyright.
> :-)

According to the analysis I've read on the case, that's exactly right:



Gavriel State, CEO
TransGaming Technologies Inc.
gav at transgaming.com

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