[Wine] Legal Issues

James Mckenzie jjmckenzie51 at earthlink.net
Mon Dec 21 08:43:30 CST 2009


hacking4food at gmail.com wrote:
>------Original Message------
>From: army_ant7
>Sender: wine-users-bounces at winehq.org
>To: WineUsers
>ReplyTo: WineUsers
>Subject: [Wine]  Re: Legal Issues
>Sent: Dec 20, 2009 8:36 PM
>
>>These new codes are made from scratch though? Also, have you guys heard of any applications at all that
>>prohibit you, as in "terms and agreements prohibited," from using them on Wine? Thanks.
>
>I am not aware of any specific programs with that clause (although some specifically disallow use on anything
>but windows), but software EULAs are unlikely to hold up in court; they are not usually seen as equal to
>contracts.

Windows 7 does have this in the EULA as well as some other Windows programs.

EULAs have been found to be enforceable under U.S. law, but there yet has to be a 'test case' where this has been run through to SCOTUS.  However, prior cases have been 'settled out of court'.  This means that the people in the case decided not to pursue the issue.

This is different in the E.U. where the Court has found the EULA too restrictive and struck down the requirement to run software on Windows (or any other OS for that matter) being unenforceable.

Other areas of the world have different opinions.  However, before installing software onto your computer, read the EULA and be prepared for the worst.

As an instance of this, in order to use Microsoft's fonts, you have to be in possession of a Microsoft License.  I have one, with the software package and under the MSDN, so I'm ok.  However, if you wipe your hard drive, which had the restoration on it, and are not in physical possession of a copy of Windows (you could even have a uninstallable copy of Windows98SE) then you are technically in violation of the EULA.  Will Microsoft come after you?  Probably not, but then again, they have been known to do strange things.  

The bottom line is that you can do whatever you want, but you have to be ready to face the consequences.  Consulting legal people before you do something, like install Office 2007 for your entire company, is always a good thing considering the financial problems you can encounter.

And as always, you mileage may vary based upon the terrian you live in (in other words, all of the above may not apply depending on where you live and your computer's ability to run the software in the first place.)

Very respectfully,

James McKenzie

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