Mark Wieder mwieder at
Sat Oct 30 23:50:10 EDT 2010


Saturday, October 30, 2010, 3:20:34 PM, you wrote:

> I did find an interesting article on DeWitt clauses though - focusing on the
> tech world but a surprising number of them outside of it:


Thanks. That is indeed an interesting read, extending to the
enforceability of EULA contents in general. On page 6 there's a
reference to saber-brandishing by Microsoft, but not actual legal
actions. And in the conclusion is the statement

"There is an excellent possibility, as discussed in section IV.B, that
a court would apply the doctrine of copyright misuse and rule DeWitt
Clauses unenforceable." (section IVB deals in part with the Disney
court's decision that fair use allows criticism regardless of license

> Do you know if these benchmarks are for more than (just) security?

Looking at it again, no, I'm not at all sure. Ignore that one - it's
probably just a red herring.

-Mark Wieder
 mwieder at

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