Jerry Pournelle wrote in 1983: “I have not seen any evidence that… Levian agreements – full of “You must not” have any impact on piracy. He gave an example of a CLA that was impossible for a user to stick to, and he said, “Come on, guys. No one expects these agreements to be respected. Pournelle noted that, in practice, many companies were more generous to their customers than their U.S. required: “So why do they insist that their customers sign “agreements” that the customer refuses to keep and that the company knows they are not respected? … Should we continue to make hypocrites for both publishers and customers?  Unauthorized software outside copyright protection is either public domain software (PD) or undelated, unauthorized software that is treated as an internal trade secret.  Contrary to popular belief, unlicensed (non-public) software is fully protected by copyright and is therefore legally unusable (since no right of use is granted by a license) until it is transferred to the public domain at the expiry of the copyright clause.  For example, these are unauthorized software leaks or software projects placed without a specific license on public software repositories such as GitHub.  Since the voluntary transfer of software to the public (before reaching the copyright clause) is problematic in some jurisdictions (z.B.dem German law), there are also licenses that grant type rights, such as cc0 or WTFPL.  Since many proprietary “licenses” list only the rights that the user already has. C under 17.C, and they nevertheless declare to deprive the user of his rights, these contracts cannot be taken into account. Proprietary software licenses often announce that they give software vendors more control over how their software is used, retaining ownership of each copy of software from the software publisher.
In this way, Section 117 does not apply to the end user and the software publisher can then compel the end user to accept all the terms of the license agreement, many of which may be more restrictive than copyright alone. The form of the relationship determines: whether it is a lease or sale agreement, e.g. B UMG v. Augusto or Vernor v. Autodesk, Inc. In the United States, Section 117 of the Copyright Act grants the holder of a specific copy of the software the explicit right to use the software with a computer, even if the use of the software with a computer requires the manufacture of copies or adaptations (acts). otherwise could constitute copyright infringement). Therefore, the owner of a copy of computer software has the legal right to use this copy of the software. Therefore, if the end user is the software The owner of the respective copy, the end user can legally use the software without the software publisher`s license. The DMCA specifically provides for reverse software engineering for interoperability purposes, so there has been some controversy over whether contractual software licensing clauses restrict this situation. The 8th Davidson – Associates v. Jung found that such clauses are enforceable after the decision of the Federal Circuit of Baystate v. Bowers.
 The question of whether public domain software and public domain licenses can be considered a kind of FOSS license has been discussed for some time. Around 2004, lawyer Lawrence Rosen argued in the essay “Why the public domain is not a license” software could not really be waived to the public and therefore cannot be interpreted as a highly permissive LICENSE FOSS, a position, Daniel J`s resistance.