On 8 Jun 2009, at 14:10, John Slee wrote: > Where in the Act does it say around "a substantial part of the > system"? :-)
It doesn't, as you well know ;-}. But it *is* part of the CC guidelines that you accept as part of the licence conditions when you purchase a licence. In the absence of case law or a clearer statutory definition, BW are free to set whatever terms they choose, and if we buy a licence under those terms, we've become one party to a contract and it's not unreasonable for our counter party to expect us to comply. Unless or until someone, probably with support from a user organisation such as NABO or RBOA, goes to court to claim that that term is unfair as defined in this extract from a Government site (here - http://ohsioh.notlong.com/): > Unfair terms in contracts - what is an unfair term? > > An unfair term in a contract covered by the Unfair Terms in > Consumer Contract Regulations (UTCCRs) is not binding on you. > Test of fairness > > A term is unfair if: > > * Contrary to the requirement of good faith it causes a > significant imbalance in the parties' rights and obligations under > the contract, to the detriment of consumers. > > 'Good faith' means that traders must deal fairly and openly with you. > > Although standard terms may be drafted to protect commercial needs, > they must also take account of your interests and rights by going > no further than is necessary to protect those legitimate commercial > interests. I guess the first question is, "are BW licences covered by the UTCCRs?" All the best Bruce Go steady, but keep going. [Non-text portions of this message have been removed] ------------------------------------ Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/canals-list/ <*> Your email settings: Individual Email | Traditional <*> To change settings online go to: http://groups.yahoo.com/group/canals-list/join (Yahoo! ID required) <*> To change settings via email: mailto:[email protected] mailto:[email protected] <*> To unsubscribe from this group, send an email to: [email protected] <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/
