Re: Epson 1280/ MIS Perpetual Color Ink

[Robert L Krawitz <rlk@alum.mit.edu>]

   Date: Tue, 11 Jun 2002 18:57:40 -0700
   From: Wire Moore <wirem@attbi.com>

   Guys, there's no state law on profiles at work here. This situation
   is in no way analogous to breaking the speed limit.

   I suggest you feel free to share you profiles with whomever you
   want. You bought a product for making profiles, and because of that
   they are pretty much yours to do what you want with them.

There are three ways I (not a lawyer) could see the vendor making a
claim on the output of the profile:

1) The output profile embeds copyrighted material from the vendor,
making the profile a derivative work (in which case distribution
requires permission from all copyright holders).

2) There's something patented about the file format of the profile
itself.

3) (more controversial) What you suggest below, that they claim a
right to control your use (not merely distribute) of the program based
on the shrink wrap license.

Do you know what their claim is based on?

   Try to imagine the possible recourse that the profile software
   vendor might take based on the terms of a shrink wrap license
   agreement. As a thought experiement, imagine a software application
   vendor limiting the use of your own writing because it was typed
   using their word processor product. There just is no legal reality
   to profile sharing restrictions in the context of shrink wrapped
   applications. Sure, you could be sued. And you can counter
   sue. Keep in mind that this may happen any time any where for any
   reason whatsoever. So don't let the thought bother you too much.

   The foolish, childish, inane pandering stance of some on this list
   that would cloak sharing profiles in terms of some sort of
   misdemeanor, much less crime, makes me cringe.

-- 
Robert Krawitz <rlk@alum.mit.edu>      http://www.tiac.net/users/rlk/

Tall Clubs International  --  http://www.tall.org/ or 1-888-IM-TALL-2
Member of the League for Programming Freedom -- mail lpf@uunet.uu.net
Project lead for Gimp Print/stp --  http://gimp-print.sourceforge.net

"Linux doesn't dictate how I work, I dictate how Linux works."
--Eric Crampton
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