Re: Business Software Alliance

On Thu, 13 Jan 2000, John Noble <jnoble[_at_]dgsys.com> wrote:
>
> On Wed, 12 Jan 2000, Lynn Winebarger <owinebar[_at_]free-expression.org> wrote:
> >
> > That should read "[software] is purported to be licensed rather than
> > sold". Whether it is or not will be a matter for the USC to decide,
> > as it involves Constitutional issues.
>
> I'm having a hard time identifying the constitutional issue here.
> Why do you think that the characterization of a transaction as
> license vs. sale is anything other than a state law issue.

Because the license looks to a lot of people (including me) like an attempt to make an end run around the Copyright clause, particularly to deny the purchaser his fair use rights under copyright law, and to subvert the first sale principle.

-- 
John R. Levine, IECC, POB 727, Trumansburg NY 14886 +1 607 387 6869
johnl@iecc.com, Village Trustee and Sewer Commissioner, http://iecc.com/johnl/, 
Member, Provisional board, Coalition Against Unsolicited Commercial E-mail