Morality, Honesty and Legality

[Bob Sneidar]

On Sep 11, 2012, at 7:09 AM, Richard Gaskin wrote:

> I can't speak to anything related to the "legality" of any EULA, but I do believe in one ethical priority:  the intent of the creator of a work.
> 
> The act of creating anything is a special human endeavor, and as such in my book it's sacred.  Once a work is created, the creator must, IMNSHO, retain the right to decide the terms governing its use.  Anything less seems uncivilized, or at least certainly unmotivating.
> 
> If I make a software product and decide to license it under terms that require the user to give me complete control over their bank accounts, that's fully within my rights to ask for.

I don't normally disagree with things you say, but I have to this time. There is plenty of case law showing that certain contractual limits have no legal weight. For instance, release of liability forms are for the most part unenforceable if negligence can be shown to have produced damage or harm to a person or his property. Signing a release of liability still does not protect the party from litigation. 

I don't think that affects your situation though, so the point is purely academic. 

Bob