Re: [MI400] How does this software work??

[Douglas Handy <dhandy1@xxxxxxxxxxxxx>]

David,

>I don't think that's clear. I may have bought a computer that was
>intentionally crippled by the manufacturer, but once it's my property who's
>to stop me trying to uncripple it?

But the software is not your property.  You didn't buy it -- you licensed the
right to use it, under specific terms which were agreed to in writing.  I'm not
saying a customer breaks the terms by installing Fast400 (I haven't reread the
license agreement), but it is certainly plausible the developer did.

If I was the developer, it would seem prudent to me to have bought a used system
where you didn't have a signed license agreement, and then sell the software via
an off-shore company in a place where laws are lax at best.

Assuming the product was created in a "clean room" environment and not with any
inside knowledge, then it may be interesting to see how this plays out in court.
But I would thoroughly expect IBM's legal beagles to not leave it unchallenged.

IBM can afford legal moves.  Sometimes a small company -- even if they
eventually are vindicated in court -- can never recover from the interim effects
of a lawsuit.

The "anonymous developer" issue could be interesting too, if it becomes
necessary to convince the court it was created in a "clean room" environment.

IANAL,
Doug