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From: | David Bateman |
Subject: | Re: Re2: free Matlab access? |
Date: | Thu, 22 Jan 2009 23:17:55 +0100 |
User-agent: | Mozilla-Thunderbird 2.0.0.17 (X11/20081018) |
Jaroslav Hajek wrote:
Lots of things are written in these type of contracts with the hope that they might be applied in some jurisprudence.. I'd say most courts would look unfavourably on a company trying to create a monopoly with a legal trick like this to the detriment of their own costumers (ie removing all chance of them going somewhere else)... I'm sure looking around it would be easy to find case law that demonstrated that.. In any case I've never signed any contract or even clicked a button saying I agreed to a mathworks EULA, though I imagine the company I worked for did. I'd say ignore this clause completely.On Thu, Jan 22, 2009 at 7:47 PM, Jordi Gutiérrez Hermoso <address@hidden> wrote:3. NONCOMPETITION. Licensee agrees not to use the Programs, Derivative Forms, Generated Forms, or Program Components to make or distribute its own or a Third Party's Application, a principal purpose of which, as reasonably determined by MathWorks, is to perform the same or similar functions as Programs licensed by MathWorks or which replaces any component of the Programs. Licensee shall not otherwise use the Programs to compete with the products or businesses of MathWorks, including by distributing Libraries, or any form of an entire Program or a substantial portion of a Program.Gah, this one looks really nasty. They're trying to make it illegal to create Octave if you use Matlab!Hey, IANAL either, but my first defense would be stating that I'm by no means using Matlab to make or distribute Octave! I'm developing using ViM and distributing using Savannah. In principle, I think anyone who developed a script improving on one of Matlab's functions (and there are hundreds of those) using the Matlab's built-in editor did violate this clause, and more apparently than (possibly) me.
The clause about giving access to a third party I wouldn't ignore however, as mathworks has a reasonable argument there. Its a situation like a video rental store versus a video cassette bought in the local supermarket. You can be sure the rental shop paid much more for their copy to be allowed to rent it to others. Seems reasonable to apply the same logic to software..
D. D. -- David Bateman address@hidden 35 rue Gambetta +33 1 46 04 02 18 (Home) 92100 Boulogne-Billancourt FRANCE +33 6 72 01 06 33 (Mob)
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