FC: Freshmeat author replies to Politech on Borland license

From: Declan McCullagh (declanat_private)
Date: Tue Jan 15 2002 - 00:22:04 PST

  • Next message: Declan McCullagh: "FC: Lawyers, lawyers, and (yes) more lawyers on Borland flap"

    Below forwarded with permission. This is a response to my short essay:
    
    "A defense of Borland's license saying auditors may inspect your PC"
    http://www.politechbot.com/p-03029.html
    
    ---
    
    From: "T.J. Duchene" <linuxmanat_private>
    To: declanat_private
    Subject: Borland license
    Date: Mon, 14 Jan 2002 13:48:01 -0600
    
    Hello Mr McCullagh:
    
    I am the author of the Freshmeat article in question.   With your patient
    indulgence, I would like to point out "what is wrong" with the license.
    
    A friend sent me a copy of your comments concerning the license.  I agree,
    your points are 100% perfectly valid.  It is our choice to accept the
    license, or not.
    
    I also admit I made a few mistakes on the finer points of law.  After all, I
    am a programmer, not a lawyer.  I sent a corrected letter to Freshmeat, but
    it hasn't been posted yet.
    
    My concern stems from the fact that while software companies should have the
    right to ask terms, they should not have the right to enter someone's home.
    Granted again, when you agree, you are giving them that right.  A choice.
    
    As we both know, working in the industry forces you to accept certain "de
    facto" products. When working with the desktop, you are forced "de facto"
    style to accept Windows for use by the common market.  As a hypothetical
    example, if Windows were licensed under such a scheme, privacy would become a
    major issue in our society.  Many people skip over license agreements.
    Millions of users' personal infomation would be open to scrutiny without a
    warrant.    I know very few people who would find that acceptable - since we
    require it from our law wnforcement establishment.
    
    Granted, software development as an industry is what is considered a niche
    market from the general public.  Software development is a highly confidental
    process.  With Borland entering systems on a whim, there is no guarantee that
    intellectual, property, or patents rights will be protected from prying eyes.
      There is no way to ensure that Borland will not take advantage of the access
    to initiate designs on a competative product.  The license doesn't name
    specifics as to what will be accessed or how. Any sane manager isn't just
    going to open up everything to them because they want to check one thing.
    
    
    What I think - in my opinion - is that companies should not be allowed to
    place those kind of clauses in their EULAs.  Companies zealously protect and
    expand their rights - if one company is allowed to do it, others will
    eventually follow suit.
    
    To protect or at least inform others is a effort I find worthwhile, even at
    the risk of sounding like I'm out on the fringe. The goal is public
    discussion of these issues, so that everyone on both sides are honest and
    open.
    
    
    Warmest Regards,
    T.J. Duchene
    
    ---
    
    From: "T.J. Duchene" <linuxmanat_private>
    To: Declan McCullagh <declanat_private>
    Subject: Re: Borland license
    Date: Tue, 15 Jan 2002 01:30:27 -0600
    
    P.S.
    
    In case I forgot to mention it, the text of both the revised letter and the
    original are available at my site http://www.kewlness.net.
    
    Since I mentioned that I sent a corrected letter, I wanted to make sure you
    had it at your disposal.
    
    T.J.
    
    ---
    
    
    
    
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