Martin Spott wrote:
> Stefan Seifert wrote:
>> For example at least in Germany and Austria but problably most of Europe,
>> these "Terms of Use" printed on the map are no more legally binding than an
>> "End User License Agreement" which many programs display on first start.
>> That
>> is because in these jurisdictions, one cannot change a contract after the
>> fact. So to be legally binding these terms of use would have to be part of
>> the
>> buying contract and the buyer would have to be able to read them and agree
>> to
>> them before buying for the terms to be legally binding. Just print them
>> somewhere on the back of the map is simply waste of ink.
>
> .... which sounds nice in theory, but doesn't reflect current
> practice. Try it out, buy a printed, commercial map at your local
> bookstore, place a derivative of it onto your web page, ignore the
> cease-and-desist letter and wait until they sue you. Then try to tell
> court that you've been unaware of the terms of use at the moment when
> you bought the map.
Well, you *might* successfully stay below the publisher's radar if your
website is just a private playground and thus of minor importance to
them. But if they sense implications with their commercial business,
then they expect you to know about the terms of use of a printed map
even without the staff at the bookstore explicitly requesting you to
read the fineprint.
Cheers,
Martin.
--
Unix _IS_ user friendly - it's just selective about who its friends are !
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