Is there a precedent for the license on a compiler restricting the kind of development you can use it for?

Posted by Jim McKeeth on Programmers See other posts from Programmers or by Jim McKeeth
Published on 2012-08-29T20:44:50Z Indexed on 2012/08/29 21:50 UTC
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It was recently let slip that the new EULA for Delphi XE3 will prohibit Client Server development with the Professional edition without the additional purchase of a Client Server license pack. This is not to say the Professional version will lack the features, but the license will specifically prohibit the developer from using the compiler for a specific class of development, even with 3rd party or home grown solutions.

So my question is if there is a precedent of a compiler or similar creative tool prohibiting the class of work you can use it for. Specifically a commercially licensed "professional" tool like Delphi XE3. Also, would such a restriction be legally enforceable?

I know there have been educational edition or starter edition tools in the past that have restricted their use for commercial purposes, but those were not sold as "professional" tools. Also I know that a lot of computing software and equipment will have a disclaimer that it is not for use in "life support equipment" or "nuclear power" but that is more of avoiding liability than prohibiting activity.

Seems like I recall Microsoft putting a restriction in FrontPage that you couldn't use it to create a web site that reflected poorly on Microsoft, but they pulled that restriction before it could be tested legally.

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