Re: Software Licences

Ryan Shelswell (Ryan.Shelswell@nospam.uts.edu.au)
Tue, 30 Jul 1996 15:07:16 +1000 (EAST)

>At 10:52 AM 7/30/96 +1000, Joshua Graham Pitcher wrote:
>>>
>>> So what about those "fun packs" of Milky Way bars or other confectionery?
>>> Can sellers just ignore the "Not to be sold separately" notice and sell
>>> individual items?
>>>
>>
>>Yes they can, and I have seen many corner stores selling these separately.

Please send me email of the store addresses and owners, and the dates on
which these observations occurred. ;-)

>>In all these cases is it my responsibility to prove the software is licenced
>>(ie. prove my innocence) or is it the responsibility of the manufacturer to
>>prove the software is unlicenced?
>
>The presumption of innocence generally means that if there is a dispute, the
>burden of proof is on the plaintiff. In this case, if the software house
>were to attempt to revoke your license, they'd have to prove you'd violated
>it. If they couldn't proove it beyond a reasonable doubt, then your license
>would stand.

My understanding is that, as a civil (not criminal) case, it would be
decided on the balance of probabilities rather than "beyond reasonable
doubt". So, if it looked an awful lot like you didn't buy the software,
you would lose.

Ryan