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Re: Epson 1280/ MIS Perpetual Color Ink

   From: "Konrad Poth" <kpoth@bellsouth.net>
   Date: Wed, 12 Jun 2002 13:09:38 -0500

   The ultimate issue seems to be whether an illegal or unethical act
   is acceptable if the likelihood of repercussion is limited.

The issue is really whether this is illegal or unethical at all.
Simply because someone *says* that they don't want you to distribute
profiles you made yourself using their tools doesn't mean that it's
actually illegal or unethical to do so.  For example: if you bought a
chair at a local store, and then found a tag attached to that chair
saying that you could only use it with a table manufactured by the
same company, would you really consider it unethical to use it with a
different table?

In general, the manufacturer of a product can't dictate the conditions
of use of that product.  There are limited exceptions (e. g. you can't
distribute a copyrighted work without the author's permission), but in
general a sale is a sale.

The theory behind these EULA's seems to be that to use a piece of
software at all it has to be copied into RAM, and that that copy is
not allowed by fair use (if that copy were allowed by fair use, then
the EULA would be a condition imposed after sale, which to my
understanding -- and I'm not a lawyer!!! -- isn't kosher).  Some court
was convinced of that in the 1980's -- it seems a strange decision to
me; that copy really doesn't seem to me to be any more permanent than
the image formed on your retina by the eye in your lens.

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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