Randall,
Beside your questionable grasp of the law, you are making a straw man
argument. Even if "reasonable man" arguments worked as simply as you
imagine, it wouldn't follow that everything in a EULA other than
copyright is unenforceable. Believe it or not, licensing agreements
cover things other than copyright and sometimes are even upheld.
Furthermore, being "right" doesn't necessarily keep a small business
from being put out of business by a lawsuit. Often times the larger
entity just needs enough collateral damage (even in losing the case)
to ruin you.
It seems like you have been reading too much SlashDot and running too
few businesses.
I didnt know i was conversing with people from north korea and
iran. In the us, japan, canada, mexico, brazil, iceland, south
africa, russia, israel, india, and most of europe, etc. There is a
difference between criminal law and civil contract law. In most
moderen democratic societies, the wording in product contracts are
considdered about as binding as santa or the stuff car salesmen say
right before they go off to "talk to the manager". And that is
because of a liile thing called "the reasonable man". This
basically means that a contract or law cannot be inforced if it goes
outside of what would be reasonably considdered fair. Ant that is
because guys sitting behind big expensive oak drsks making big
salaries baid for by big companies can not be assumed to ever act
like reasonable men (bias and conflict of interest is a given).
Criminal law on the other hand is written by people we vote for and
require to "uphold the constitution". No such standerd is expected
in contract law. The only thing you can be expected to do when you
purchace software is to not copy and sell it. The rest is
hilariously written bs and the court treats it as so. Sorry. The
truth.
-----Original Message-----
From: "Ruslan Zasukhin" <sunsh...@public.kherson.ua>
To: "use-revolution" <use-revolution@lists.runrev.com>
Sent: 3/21/2009 12:13 AM
Subject: Re: illegal creativity?
On 3/21/09 4:13 AM, "Randall Reetz" <rand...@randallreetz.com> wrote:
All mosquitos are relevant. It is scale that matters here. Scale
and
reality. Else all of us would be behind bars and prohibited from
buying crest
toothpaste. Fair use and happy customers build brand loyalty
faster than fear
and loathing. Not only that, customer inovation and parasitic
coevolution is
a sign of health and currency. The lawyers play second fiddle to
the guys in
marketing and sales.
Randall,
I will add 2 cents ONCE.
If you vote publicly to break EULA of product which you have buy, then
excuse me -- you publicly cry that you are a criminal man.
Please understand this.
When you buy a product you read its EULA and say AGREE.
I.e. You PROMISE follow it. You have give your honest word.
Right?
If you do not like EULA of product then you should not buy it or use
it.
Right?
EULA is kind of "contract" between vendor and YOU.
Right?
If you say publicly that you is ready break your own
small contract/EULA = law
Then we can assume you can say go head, do not follow laws of your
country
at all? Go and kill? Go and stole things from people?
I do not think you ready say this :)
EULA is also small law.
IF your product not fit limits of EULA of some product always
possible talk
to vendor and negotiate some special contract with conditions your
product
needs. Easy and valid way.
Also your idea that break EULA and they can buy you is FALSE.
Competition? Right Randall. IF company have write into EULA some
limits then
obviously company thinks that break of this limits can hurt it market.
Company is not stupid to prohibit something that will looks like value
addition to its market. Clear? :-)
--
Best regards,
Ruslan Zasukhin
VP Engineering and New Technology
Paradigma Software, Inc
Valentina - Joining Worlds of Information
http://www.paradigmasoft.com
[I feel the need: the need for speed]
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