illegal creativity?

[Randall Reetz]

Key word "competition".

-----Original Message-----
From: "Brian Yennie" <briany at qldlearning.com>
To: "How to use Revolution" <use-revolution at lists.runrev.com>
Sent: 3/20/2009 5:22 PM
Subject: Re: illegal creativity?

Randall,

You can't be serious -- go ahead and break the EULA because you might  
get acquired instead of sued? That seems a bit like saying, go ahead  
and drive into a tree, your airbag should deploy. Since when are big  
companies afraid of suing the competition into compliance?

> Not exactly true.  A large company would never let a case like this  
> go to court.  Bad publicity.  Unless the tool you are planning to  
> release directly competes with or decreases the need for said  
> product, your tool will only be seen as adding value to the  
> marketplace.  More and more illegal bs is being written into user  
> licenses as scare tactic deterent.  Much more likely is that your  
> product would be aquiered.  Remember who is most likely to sit on a  
> jury (not board members!).
>
> -----Original Message-----
> From: "Lynn Fredricks" <lfredricks at proactive-intl.com>
> To: "'How to use Revolution'" <use-revolution at lists.runrev.com>
> Sent: 3/20/2009 4:47 PM
> Subject: RE: illegal creativity?
>
>> What country are you working from?  In the usa it is illegal
>> to include anything in a contract that is illegal.  I am
>> pretty sure the restriction of use clause you are describing
>> would fall pretty hard in an appeals court.  Imagine BMW
>> demanding that once a person had driven in or been a
>> passenger within one of their cars, that they could not now
>> ever do the same in another car not made by BMW.
>
> I am not a lawyer, but anyone who takes the advice above at face  
> value will
> probably end up needing a good one.
>
> Best regards,
>
> Lynn Fredricks
> President
> Paradigma Software
> http://www.paradigmasoft.com
>
> Valentina SQL Server: The Ultra-fast, Royalty Free Database Server
>
> _______________________________
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