illegal creativity?

Randall Reetz randall at randallreetz.com
Sat Mar 21 04:58:53 EDT 2009


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]



More information about the use-livecode mailing list