Borland Kylix/JBuilder License Reviewed

DJFelix writes: "I'm probably the billionth person to submit this story, but T.J. Duchene has posted a horrifying review of Borland's license for Kylix and JBuilder 5. The license requires giving Borland the right to enter your property, search your systems and records for license compliance. The license also requires the waiving of a jury trial by all parties for all suits including class action suits. This type of gestapo licensing will not be accepted by even the most hardcore anti open-source companies. Send an e-mail to pr@borland.com to voice your concern."

Comments

True competition

[Therin]

I guess they really want to compete with M$ - remember the FrontPage license?

Re:UCITA

[PopeAlien]

I'm not a lawyer (IANAL)(AFAIK), but I'm counting on it .
This UCITA thing is gonna make me rich!

Re:What if the rest of the world worked this way?

[7608]

Well, with all the advertising Kellog's has been doing about the health benefits of Jagged Metal Krusto-O's, from the fact that it has 100% of your required daily intake of iron to the fact that the cardboard it's packaged in is environmentally friendly... not to mention that its major competition: Captain Crunch, was recently discovered to have been coated with Drain-O crystals (which can help alleviate stomach irritation!), I mean... what court would seriously consider the license unfair: there's been lots of lawsuits against these poor cereal manufacturers over "defective" products that are not only not defective, but beneficial to the customer! Corporations are double-plus good!

Apparently, you haven't seen the latest Windows XP commercials! It cures cancer, saves whales, and doesn't go soggy in milk. Corporations Are Our Friends. Now, for our Five Minute Hate... today's object: One Mr. Tux Penguin.

Not quite

[amcguinn]

The constitution protects you from theft, but if you contract to pay someone, then you owe them the money (which isn't the same as giving them the right to pick your pocket).

However, Borland cannot enter your property without your permission except with a court order.

If you agree to this contract, then refuse them access to your property, then you are in breach of contract. (Assuming for the sake of argument that a court wouldn't just laugh itself sick on seeing the "license")

So, you are in breach of contract. Big, fat, hairy deal. All that means is that
(1) Borland can cancel the agreement, stopping you from legally using the software, and
(2) Borland can sue you for the losses they incur as a result of your breach, which I would estimate as one Euro and a packet of Rolos.

If you're downloading it at home, laugh. For a business, you would want to run it past the lawyer, but I would advise you not to show it to a lawyer while they are drinking a coffee, unless you're wearing waterproofs.

The not sue-ing clause was copied from warez sites

[sepulcrum]

That by agreeing to this disclaimer you loose the right to sue us crap was copied straight from the disclaimers i used to see at sites distributing copyrighted material.
Ofcourse the courts will just laugh at borland, like they will lough at owners of sites with similair disclaimers.

*snicker*

[kikta]

This comes right after the section on waiving the jury trials in the full license:

14.5 Severability. If any provision of this Agreement is held to be illegal, invalid or unenforceable for any reason, then such provision will be enforced to the maximum extent permissible and the remainder of the provisions of this Agreement will remain in full force and effect.

Uhhh... Shouldn't the last sentence read "See above paragraph for an example"? Seriously though, when I read it, I almost thought (hoped?) it was a hoax.

Re:What if the rest of the world worked this way?

[sid_vicious]

...not to mention that its major competition: Captain Crunch, was recently discovered to have been coated with Drain-O crystals..

Noooooooo! Not Cap'n Crunch!
:-P

What they *do* need to coat that stuff with is something to keep it from shredding the roof of my mouth when I eat it.

There's something about that non-nutritive cereal varnish (semi-permeable, but non-osmotic) that just leaves me hurting after a bowl or two.

Re:Some rights can't be signed away.

[Waffle Iron]

Even if both parties agree to a contract, if the contract is grossly unfair it can (and will) be struck down by the courts.

This sure makes me feel better. I signed a contract a while back with a very shady character (he was weird ... one of his feet looked like a hoof or something!).

Anyway, the deal was I would get tons of $cash, universal adulation and as many beautiful women as I care to know. He even threw in a free fiddle made of gold as a bonus. In return I would surrender my soul for eternal damnation (or something like that; I just skimmed the fine print).

Life's been great lately, but I've been beginning to worry about my end of this deal. I'm really glad that it won't actually hold up in court. Man, it looks like that guy was a sucker!

Re:Some rights can't be signed away.

[Anonymous Coward]

This sure makes me feel better. I signed a contract a while back with a very shady character (he was weird ... one of his feet looked like a hoof or something!).

Anyway, the deal was I would get tons of $cash, universal adulation and as many beautiful women as I care to know. He even threw in a free fiddle made of gold as a bonus. In return I would surrender my soul for eternal damnation (or something like that; I just skimmed the fine print).

Life's been great lately, but I've been beginning to worry about my end of this deal. I'm really glad that it won't actually hold up in court. Man, it looks like that guy was a sucker!

Deals with the Devil are always binding. Who do you think has all the good lawyers?

Don't agree, then

[danov]

I sure hope they fixed their installer since Delphi 5, because in that version, you could select "I do not agree" and still click Next, and proceed with the installation.

:)