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Re: x-tree legals

Posted By: Walter Rassbach <>
Date: Friday, 17 July 1998, at 10:06 p.m.

In Response To: x-tree legals (Glen McCready)

Well, being able to register certainly isn't part of being "legal", one is
NEVER required to do so, just to be able to show that one really has a clear
"title" (i.e., didn't buy stolen, etc., i.e., the path from them to you was
aboveboard and legal), and there is a fair amount of leeway here... -- The
courts have made that very clear. Moreover, they can't even require you to register for them to be liable for those damages they can't legally manage to deny in the "warantee" (what a joke those are -- we built it but all the risk is yours even though you paid us money), and they have to provide the standard extras like support. The courts have also made it clear that they cannot keep you from "selling" (true sale, not sell a copy) a license to someone else, which the software houses HATED (that's why all the license's say you can sell it to someone else as long as you destroy any copies not forwarded... The software folks really didn't want that one but had it forced down their...).

If you are actually buying original media from a reasonably reputable source, I don't think there is really anything they could even claim is wrong. If the person who sold it to the reseller kept a copy, that would be the reseller's problem and fault since that is part of what he is supposed to do, and, his "guarantee" is really part of what you are buying...

So, my guess (but I ain't a lawyer, just defensively familiar with it) is that Symantec would have no case. Even if they did, I doubt that the liability could be more than 2-3 times the (inflated) sales price of a single copy unless they could demonstrate malice or something... It certainly would not be worth their time, especially on a dead product.

If you are really worried, check with a real lawyer, and now, the bulls--t:
The opinions above are just that and no guarantee or warantee is implied, and I will not accept any liability should they prove incorrect.

> stupid question.... so far unable to get straight answer or
> even

> eye contact on !
> If one obtains an old copy of X-tree from software shop or
> computer
> market etc., can one legally use it ? That is, is it a crime
> to
> install and use a product which can no longer be registered
> ?
> Of course updates and tech support would not be available,
> but could
> Symantec prosecute an end user for using x-tree ?

> Will have to attempt getting an answer from Business Software
> Assoc
> etc. or similar body.

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