illegal creativity?

[Brian Yennie]

Here's an example just to get you started:
http://www.wowinsider.com/2008/07/15/blizzard-wins-lawsuit-against-bot-makers/

I actually disagree with the judgement and think it sets a dangerous  
precedent. But guess what, the boogieman won.

> Really, please do tell me of the times you have been sued for breach  
> of a software user agreement.  I cant wait to hear how often this  
> blight has been brought down apon your small business. Come on.  Is  
> this a joke?
>
> -----Original Message-----
> From: "Brian Yennie" <briany at qldlearning.com>
> To: "How to use Revolution" <use-revolution at lists.runrev.com>
> Sent: 3/21/2009 1:25 AM
> Subject: Re: illegal creativity?
>
> 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" <sunshine at public.kherson.ua>
>> To: "use-revolution" <use-revolution at lists.runrev.com>
>> Sent: 3/21/2009 12:13 AM
>> Subject: Re: illegal creativity?
>>
>> On 3/21/09 4:13 AM, "Randall Reetz" <randall at 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.
>>
>
>
> [truncated by sender]
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---
Brian Yennie
QLD Learning
(310)-367-7364