Open source Free software 2631

David Kastrup

I'm confusing nothing, stupid dak. Man oh man. *DAK* Indus., retard dak. Can *you* grok the meaning of "software units" and "transferred 20,000 copies in the single tangible copy"?

I wrote (starting with softman-v-adobe snippet referring to DAK case followed by stuff from Nimmer about DAK case):

The court found that the agreement was best characterized as a lump sum sale of software units to DAK ------ ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

------ Similarly, a software vendor may contractually allow use by a single user of a copy of "Windows NT" and, in a separate transaction, deliver a copy of "Windows NT" under a license allowing the licensee to use the software in a 10,000 site network or allowing it to make 20,000 additional copies for commercial distribution. In the latter case, the provider, in effect, transferred 20,000 copies in the single tangible copy.21 ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ ^^^^ ------

------ 21. See Microsoft Corp. v. DAK Indus., Inc., 66 F.3d 1091, 1095 (9th Cir. 1995) (concluding that a distribution agreement involving a lump sum payment and delivery of a master disk is more like a sale of the right to make the stated number of copies ------

regards, alexander.