If you're thinking this is silly or stupid, wait, there's more. Installing the software signals your acceptance of the terms, and those terms also include this little gem:
2. You agree that Macromedia may audit your use of the Software for compliance with these terms at any time, upon reasonable notice. In the event that such audit reveals any use of the Software by you other than in full compliance with the terms of this Agreement, you shall reimburse Macromedia for all reasonable expenses related to such audit in addition to any other liabilities you may incur as a result of such non-compliance.
Distribution problems?
NewsForge was contacted by Warren Woodford, creator of the MEPIS Linux distribution, asking if we were aware of the restrictions on redistribution of the Flash 7 player. We weren't, but we checked it out. According to the Macromedia Web site, such distribution is limited to Windows PCs. Period. There's no distribution allowed for ISVs or vendors of Linux, Mac, or Solaris versions. Warren told us:
If Macromedia stands by the current agreements as presented on its Web site, then I'll have to create some sort of installer helper so users can easily download and install Flash 7 for themselves with the installer package coming from the Macromedia site. That is what I plan to do for other players, if necessary.If there were an opportunity to reason with Macromedia and urge an enlightened approach to Linux, I would point out the NVIDIA EULA, which explicitly makes an exception for Linux and allows their drivers to be redistributed as long as the components, including written EULA, are not modified.
The terms for distribution of the Flash 7 player currently displayed at the Macromedia Web site are very clear. They state "The free Macromedia Flash and Shockwave Players Distribution Program is designed for ISPs, enterprises, and software developers solely for the Windows PC (including Windows 95, 98, 2000, NT, ME and XP)."
Since the press release announcing the availability of the Linux version of Flash 7 contained endorsements by Novell, Red Hat, and Turbolinux, we found the situation curious, to say the least. After querying Macromedia, we received this response from company spokesperson Sandra Nakama:
We worked with the companies named in the release to enter into custom agreements for them to distribute Flash Player 7. Now that we have released the player we are going to revise the online licensing agreement to reflect our support for redistribution of Flash Player on Linux desktops.
So it appears the licensing issues restricting distribution of Flash 7 on Linux are being addressed and will be removed. Still, for personal use, keep the restrictions on multiple machines and laptops in mind, because that auditing clause could bite you if you don't.
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And for all you nay-sayers out there, you have the choice to NOT use it. There is little point in bitching about Macromedia's efforts if all you can do is bitch. Please offer helpful and constructive opinions if you have to say anything at all.
Ok.
Dear Macromedia,
Why are you attempting to make Flash player as difficult to use in Linux as you possibly can make it, short of refusing to release a Flash player at all?
Surely by this point you should know that slipping in a "we reserve the right to audit your installations of our software" is not going to sit well with people who Free Source fans?
Actually, I find the latter to be HIGHLY OFFENSIVE. You don't trust me? ok, that's your choice. I choose not to use your software. I have to consider the possiblity this EULA will require me to remove Flash player from the computers I admin at work.
And don't read that as a threat, it isn't. I want to keep my installations legal. If the EULA forbids me, then I can't do it. I have no power to change that, only abide by it.
Have a nice day.
(Q) What's with that "multiple machines" clause?
(A) Again, I'm a mere mortal rather than credentialed rule-interpreter, but in the past this type of phrase has been used to protect against someone trying to install on hundreds of machines rather than just their own machines.
Ah, so I should go back and remove any Flash I've installed on machines we've gotten at work? Technically, they're not my machines. And this last go-round, instead of using the preinstalled windows, I went back and restored from the restoration CD to a "known good state" (minus all the trialware, AOL/MSN/Earthlink stuff, and all the other assorted crap).
If I'm not permitted to install under those conditions, then I won't.
Given this, I question the business sense in putting so many legal roadblocks in the way of using this product. It can't help market penetration, can it?
I don't care how "seldom" Macromedia will insist that it audit my computer, if it's stated in the license, then I will not accept that license, or the product. Given my opinion of the product, though, I don't think there's much chance in my installing it in the first place.
The Flash player is not for the benefit of the consumer. It exists solely for the benefit of commercial interests who want total control over the browser experience. To act like we should be thankful for this is an outrage.
Idiots
Posted by: Anonymous Coward on June 05, 2004 04:41 AM#