illegal creativity?

Brian Yennie briany at
Fri Mar 20 21:01:03 EDT 2009


Companies tend to see anyone who makes money in any tangential way to  
their own as competition. Good luck breaking EULAs and assuming that  
the authors will just see you as value-added. More likely they sue you  
out of existence first, and then decide if they want to recreate your  
tool for themselves. Or "acquire" you for a bargain price in exchange  
for not suing.

I'm not saying what you describe has never happened, but going in with  
that cavalier attitude is generally going to get you in trouble.  
'Never let a case like this go to court' you say... I think you vastly  
underestimate the litigious nature of the corporate world.

> Key word "competition".
> -----Original Message-----
> From: "Brian Yennie" <briany at>
> To: "How to use Revolution" <use-revolution at>
> 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!).

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