That is why they dont matter.  For to many years companies have taken such wild 
liberty in writing them and the reasonable man doesnt read them at all anyway.  
User licenses are mute in the eyes of the court.  The binding is in purchace 
and use.  Even the above clauses would not stand up in court because 
programming is a medium.  Would you find said clauses in a contract for paper 
or a video camera?  What revolution is protected from is the copying and sale 
or distribution of copies of revolution.  Same goes for using revolution's good 
will and name for a similar product.  And neither of these protections require 
a user agreement. As far as i can tell, the whole mechanism is simply a way for 
lawyers to get hired and paid and look important.  But the blatent missuse of 
contract and copywrite law is having the opposite effect.  Clicking this 
message closed infers that you are in full agreement with all above statements.

-----Original Message-----
From: "Richmond Mathewson" <[email protected]>
To: [email protected]
Sent: 3/21/2009 7:16 AM
Subject: illegal creativity


It would be very helpful, Randall, if you could define "downstream clause".

Are these 'downstream clauses'? :

1. That I, as an owner of an instance of Runtime Revolution am not
   allowed to use it to produce something that will compete directly
   with Runtime Revolution.  [something that seems perfectly normal]

2. That having once used, say, Runtime Revolution, I couldn't use,
   say, SuperCard to produce a standalone that could do the same thing
   that I could have produced with Runtime Revolution. [seems bizarre]

And, if both of these are 'downstream clauses' where is the barrier
between a company protecting its own interests and "coming the heavy
father"?

sincerely, Richmond Mathewson.
____________________________________________________________

A Thorn in the flesh is better than a failed Systems Development Life 
Cycle_______________________________________________
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