where do plug-ins live on the computer?

[Sean Oneil]

[walter biscardi] “Again, I make this assumption based on the fact that he wants to know how to get the plug-ins off a system from work, rather than just bringing the discs home and installing them or bringing home the downloaded originals.”

And to be fair to you, if I HAD to guess, I would guess he’s doing what you suspected.

Sean

[Tom Wolsky]

Equating them to literary works is not relevant. You don’t buy the copyright when you license the software. The copyright has nothing at all to do your contractual obligations under the EULA.

The second quote is dated and been superseded. It goes back over 10 years. Older EULA had proscriptive clauses against redress, which are no longer in most of them. Also note all the suits cited in Wiki are between software companies not between an individual end user and a software manufacturer.

All the best,

Tom

Class on Demand DVDs “Complete Training for FCP6,” “Basic Training for FCS2” and “Final Cut Express Made Easy”
Author: “Final Cut Pro 5 Editing Essentials” and “Final Cut Express 3.5 HD Editing Workshop”

[Sean Oneil]

[Tom Wolsky] “Equating them to literary works is not relevant. You don’t buy the copyright when you license the software. The copyright has nothing at all to do your contractual obligations under the EULA.”
It has everything to do with it. Copyright violation is the only thing they can go after customers for. Buying software is not agreeing to any terms of service. You are not an employee. You are not given trade secrets. It’s a licensed product, not a service. You are buying software and you agree to the terms as a licensee. In America you are free to break all of those terms if you like, so long as you do not violate their rights as a copyright holder.

For example, if I figure out how to install Final Cut Pro on my cell-phone, Apple has no legal recourse against me even though the EULA says I can’t. Now maybe if I tell people how to bypass some sort of encryption or protection against that, depending on many circumstances, that could be a DMCA violation. But that still falls in the realm of copyright violation. Using the software on Sundays does not. Neither does installing the one and only copy on to my cellphone.

Sean

[Tom Wolsky]

“In America you are free to break all of those terms if you like, so long as you do not violate their rights as a copyright holder.”

You should read this again. It’s complete rubbish. The equivalent of saying I can sign or agree to any contract I want and if it doesn’t agree with what I want to do it’s not valid. Copying the software to another machine outside the terms of EULA is a violation of the contractual agreement, and oh yes, BTW, it’s a copyright violation too.

The second paragraph is not relevant as I don’t think the any one’s using FCP on an iPhone yet.

All the best,

Tom

Class on Demand DVDs “Complete Training for FCP6,” “Basic Training for FCS2” and “Final Cut Express Made Easy”
Author: “Final Cut Pro 5 Editing Essentials” and “Final Cut Express 3.5 HD Editing Workshop”

[Sean Oneil]

[Tom Wolsky] “The equivalent of saying I can sign or agree to any contract I want and if it doesn’t agree with what I want to do it’s not valid.”

That’s correct. We all have the right to do that whenever we wish. As far as consequences, there are none whatsoever unless there was a copyright violation.

[Tom Wolsky] ” EULA is a violation of the contractual agreement, and oh yes, BTW, it’s a copyright violation too. “

As I said above, only the latter is relevant. The former is not.

[Tom Wolsky] “The second paragraph is not relevant as I don’t think the any one’s using FCP on an iPhone yet.”

Obviously that was a hypothetical situation. It is relevant as it could happen one day. But I’ll use something not hypothetical. How about purchasing OSX Leopard from a store and installing it on your PC instead of a Mac. That would be violating the EULA, however, it is not a copyright violation. Thus there are no consequences. Violating an EULA agreement in and of itself is not against the law. Violating copyright law is. And not because it’s in the EULA – but because it’s against the law. The EULA may help prevent you from pleading ignorance, but that’s about it. Copyright law does not protect software makers from things like “you can’t use it on Sunday” or “You can’t install the one and only copy onto your PC, cellphone, or toaster oven” whether you agree to it in a EULA or not.

Sean