Re: Re: DVD legal maneuvers (decss and the lawyers) (fwd)

[Sunder <sunder@sunder.net>]

Jim Choate wrote:
 
> It's a breach of contract because to be a real contract the company who
> has the contract you want to change doesn't get a chance to review and
> accept/deny it.
> 
> Bottem line is unless you send your proposed changed to them and they accept
> it isn't valid and you are in breach of contract if you use the product.

But it really isn't a binding contract anyway since once you've purchased the
software, the legal protection that copyright law provides does not cover these
license agreements.  You've paid your money, obtained the media, and now can
use the media as you see fit.

How you use it cannot be enforced on you by copyright.  If the only thing that
you can violate is the copyright of the publisher by using the software without
agreeing to the license, then that point is moot provided you don't clone or
spread the software.  See my other post about books.

Until and unless stores force you to sign your name to a contract and send your
signed contract to the publisher after every sale, such license agreements,
even the shrink wrapped ones cannot be enforced, and are not necessarily
legally binding.

Downloading software of the web is slightly different of course, but that isn't
the issue discussed here. :)


-- 
---------------------------- Kaos Keraunos Kybernetos -------------------- 
 + ^ +  Sunder              "Only someone completely distrustful of   /|\ 
  \|/   sunder@sunder.net    all government would be opposed to what /\|/\ 
<--*--> -------------------- we are doing with surveillance cameras" \/|\/ 
  /|\   You're on the air.   -- NYC Police Commish H. Safir.          \|/ 
 + v +  Say 'Hi' to Echelon  "Privacy is an 'antisocial act'" - The FedZ.
---------------------------- http://www.sunder.net -----------------------
I love the smell of Malathion in the morning, it smells like brain cancer.