illegal creativity?

[Randall Reetz]

I just read the story you linked me to... i would absolutely agree with the judgement.  But you dont need a user licence to show malicious and fraudulant use.  The court would have come to the same decision had no licence existed.  Stealing is stealing.  The "bot" effectively changed the experience of all other users.  I am dealing as i thought with people who cant think beyond their own selfish need.  The original post to this thread did not appear to suggest that the product in question would negatively effect the value of the database that had the obsurd down-stream clause in its user agreemeent.

-----Original Message-----
From: "Brian Yennie" <briany at qldlearning.com>
To: "How to use Revolution" <use-revolution at lists.runrev.com>
Sent: 3/21/2009 2:10 AM
Subject: Re: illegal creativity?

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


[truncated by sender]