----- Original Message -----
From: "Graywolf"
Subject: Re: Cheap (?) Photoshop CS2 upgrade
Another conundrum there, can you be held to a licensing agreement if you
did not enter a contract with the licenser?
I have a hunch (not a legal opinion, mind you, just a hunch) that if they
took you to court the judge would say fine, the defendant shall pay the
plaintiff what plaintiff lost which is nothing. Plaintiff will pay all
court costs for bringing a frivolous case into court. Just as they would
me if I sued you for hanging a copy of one of my photos on your living
room wall.
Now if one was giving away or selling copies it would be an entirely
different matter.
Legality of the licensing agreement? Only if you read and signed it before
purchasing would it have any validity whatsoever. Ex post facto
contracts???
You need to read the licensing agreement.
When installing the software, even the cracked copies that I have seen, you
click on "I Agree" (or some such) to get past the licensing agreement.
If you are using the software, then by definition, the software company has
been damaged to the tune of the cost of the software.
I find it odd that a group of photographers are debating the ethics of
intellectual property rights.
Any one of us would be totally pissfaced if someone lifted one of our photos
to use without paying (remember the eBay links to Boz's site, or the deep
link problem we had at the PUG a few years back).
Both situations were people not paying for something they were using without
permission, and not something they would have bought anyway.
Me thinks there are a few hypocrites out there.
William Robb
