[SWLUG] SSH tunelling

Steve Hill steve at nexusuk.org
Fri May 13 15:15:22 UTC 2011


On Fri, 13 May 2011, Chris Jackson wrote:

> You still need permission to use this service, and the T+C spell out
> the manner in which you are permitted to use it.

Why?  If I were to attach a small font-size link to the bottom of a 
"service" I offered pointing to some outrageous T&Cs, will a court uphold 
my claims against people?  Lets say I have a link on the bottom of my 
emails that states that you agree to pay me £1000 if you read that email 
(you are using a service I have provided, namely reading an email that I 
own the copyright to), am I within my rights to get a county court 
judgement against you for failing to pay me?

> There is, because AIUI nothing other than said licence would grant you
> the right to do whatever you are doing.  If someone gives me a bit of
> software and suggests that I don't ask questions, then I don't have
> the right to use the software, because only the licence gives me that
> right and I don't have one.

This is patently absurd - If I go into Tesco and purchase a boxed piece of 
software, a book and a loaf of bread, I no more require a licence to use 
the software than I do the loaf of bread or the book.  I do, however, 
require a licence to *copy* the software, the book and any artistic 
designs on the loaf of bread.

>> The iPlayer T&Cs is essentially an end user licence, so isn't really
>> comparable to the GPL (which is a distribution licence).  The BBC requires
>> a licence from the copyright holder in order to broadcast the copyrighted
>> material, but the viewer requires no such licence to view that material.
>
> [citation needed]

A citation on your position that I require a copyright waiver in order to 
view broadcast media would be more appropriate.

-- 

  - Steve
    xmpp:steve at nexusuk.org   sip:steve at nexusuk.org   http://www.nexusuk.org/

      Servatis a periculum, servatis a maleficum - Whisper, Evanescence


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