Re: AUGD: Legal-ish question for the list
Re: AUGD: Legal-ish question for the list
- Subject: Re: AUGD: Legal-ish question for the list
- From: email@hidden
- Date: Thu, 9 Aug 2007 11:27:25 -0400 (GMT-04:00)
>For the record, since this whole "install this software for me" or
>"reinstall it for me" is full of legalese, we've had to turn away
>pretty much all requests to install anything.
As you should!!
>
>However, on a private person-to-person basis, would this still be
>legal? Trust me, I'm not looking for "legal loopholes" or stuff like
>that; too many locals do that, and I'm not one for it.
No, on a private one-to-one basis this is still illegal. Not only have you violated the terms of your software licenses from Apple, but, violated copyright laws as well.
>What I'm trying to do here is to balance the interests between:
>
>1. John Doe (in our example), the guy stuck without an OS X install
>CD, who needs an install CD;
>2. Apple, Inc.;
>3. either me or the user group
>
>and I want none of the three to land in legal limbo.
>
>Here's another interesting bit of legal tangling... we're based in
>China, which has its own legal system (they have a software
>protection law, but IMHO it's not that strong - certainly not a real
>hefty deterrent). The Apple license would be from the US.
>
> From what I've learnt, the law of the land you're in now is supposed
>to take precedence over foreign law, except for (AFAIK) in consular/
>diplomatic matters. Now the thing is this - does the Apple license
>from the US:
>
>- apply in addition to Chinese law, taking precedence over Chinese law;
>- apply in addition to Chinese law, but is inferior to Chinese law;
>- cancel Chinese law out;
>- or does Chinese law cancel the US Apple license out?
There are two issues, your license agreement with Apple and copyright laws. If you violate your license with Apple, it doesn't matter what country you are in, you have violated the contract. (Unless local laws specifically outlaw the contract, in which case, Apple wouldn't sell in China)
On the issue of copyright, (and what county has jurisdiction) China and the U.S. (as well as most of the rest of the world, have agreed to the Universal Copyright Convention (http://www.unesco.org/culture/copyright/html_eng/ucc52ms.pdf)
Basically, both countries have agreed to protect the others copyrights. If it is protected in by U.S. copyright, it is protected in China, too.
Sorry, but what you are wanting to do is a no-no.
_______________________________________________
Do not post admin requests to the list. They will be ignored.
Augd mailing list (email@hidden)
Help/Unsubscribe/Update your Subscription:
This email sent to email@hidden