At 02:19 PM 8/9/03 +0200, Tobias Giesen wrote: >> but most end-user licenses I have ever read contain >> a clause which removes all liability from the >> publisher of the product. > >Yeah but those clauses aren't valid, they are void. At >least in Europe, but it should be similar in the States.
Most contract law is state law in the US. You'll see that in the Finale license, it's done under the laws of the State of Minnesota. We don't have, what do you call them?, "harmonization" issues here. :) Related story about contract law where I learned the hard way: I had a book published in the early 1980s called "The Custom TRS-80". It sold very well, and in fact I had a year's worth of income from the royalties. It sold so well (along with other books in the series) that the California publisher very cagily overprinted the third printing heavily. He went bankrupt from the expenses of doing that, and the books were sold as scrap to a company in Nevada. The contracts to book royalites were all voided because it crossed state lines. The point? He owned the company in Nevada, too, and continued to sell the book at full price for a decade afterwards, paying not a single penny in royalties to me. And the California bankruptcy meant that only 3% of my earned royalties were paid to me in the court distribution -- about $500 of the $17,000. Dennis _______________________________________________ Finale mailing list [EMAIL PROTECTED] http://mail.shsu.edu/mailman/listinfo/finale
