Re: [tlug] Novel embraces Microsoft

[Keith Bawden <isdj@example.com>]

stephen@example.com wrote:
>  > If they withdraw the implied consent by saying "get off my land"
>  > you would then be trespassing. As for shoplifting their is no
>  > consent - implied or otherwise - to steal.
> 
> Which part of "ALL RIGHTS RESERVED" are you having trouble
> understanding? ;-)  I'm sorry, there is no "implied consent", not for
> intellectual property, anyway.  Fair use is not a license, for
> example.

I have never actually understood what "all rights reserved" actually
meant :-/ However, a quick look into it would suggest that "all rights
reserved" is in relation to establishing copyright in jurisdictions
other than the one in which the initial copyright was created. However,
it looks like over time it has become a bit twisted and vague in it's
actual meaning...

Also there appears that the notion of implied consent within
intellectual property law does exist. One example I read was the implied
consent to record a singers voice that they give by singing into a
microphone. The recording is implied, the distribution of the recording
is not.

In the end I'm still not sure that if a licence does not explicitly
remove implied consent to use a functionality then there is no harm done
in using the functionality. This is possibly why MS (and probably most
others) place clauses like this in their EULAs:

"RESERVATION OF RIGHTS AND OWNERSHIP. Microsoft reserves all rights not
expressly granted to you
in this EULA. The Software is protected by copyright and other
intellectual property laws and treaties. Microsoft or its
suppliers own the title, copyright, and other intellectual property
rights in the Software. The Software is licensed, not
sold. This EULA does not grant you any rights to trademarks or service
marks of Microsoft."[1]

I read this as saying there are no implied rights in relation to the use
of this software. I may be completely wrong in this case (I'm only a
bush lawyer[2]), so if a licence does not expressly remove implied
consent then it would still remain. In the end I have not read the
bitkeeper licence to confirm if what Tridgell did was expressly denied
by the licence or not.

However, I have enjoyed this thread - Steve are you coming to the
meeting on Saturday I would enjoy a chat on this as it is obvious you
have a lot of knowledge on the topic :-)

Regards, Keith
[1]
http://download.microsoft.com/download/1/2/5/12538ba0-3d24-4f00-aab1-dd9ff4aacfc9/en_client_eula.pdf
[2] http://en.wikipedia.org/wiki/Bush_lawyer