Posted Apr 7, 2007 14:52 UTC (Sat) by kevinbsmith
Parent article: Two approaches to Flash
I expected more discussion about the horrible EULA terms mentioned in the last question. For the curious, the Flash Player EULA seems to be posted here: http://www.adobe.com/products/eulas/players/flash/
From my reading (I am not a lawyer), it seems like the prohibition on reverse engineering (section 2.5.1) only applies as long as the agreement is in force.
Oddly there is no section explaining how the agreement might be terminated by either party. I would have thought they would reserve the right to terminate your license at any time for any reason. Regardless of that, sections 7 and 8 explicitly remain in force after termination, but none of the other sections are so indicated, so my assumption would be that any rights and responsibilities in those other sections would only remain in force as long as the agreement as a whole remains in force.
Section 4 offers the ability to transfer ALL your rights to another party. So unless there is some legalese I'm missing, it seems like a developer who has been contaminated by agreeing to this license could transfer their rights away to someone else (presumably a non-developer), and then become clean. Only sections 7 and 8 should still apply to them.
If I were a contaminated developer who wanted to work on one of these projects, I would at least go through the formality of a transfer, because it is easy and might provide at least a little defense in court.
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