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

[Jim Choate <ravage@ssz.com>]

----- Forwarded message from Sunder -----

Date: Tue, 04 Jan 2000 16:21:24 -0500
From: Sunder <sunder@sunder.net>
Subject: Re: CDR: Re: DVD legal maneuvers (decss and the lawyers) (fwd)

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.

[ Nobody said it was, it is enforced by the licensing agreement you
  purchased when you agreed to abide by the terms of the copyright holder
  when you exchanged your goods/service for their goods/service per
  standard contract law. Simply because you have the desired goods and 
  services doesn't abrogate the agreement you made with the seller. What 
  copyright does is say WHO may write a binding contract regarding the 
  distibution or use of that good/service as well as some VERY broad rules 
  of what that contract may cover. In this case it is the holder of the 
  copyright (vis a vis the seller acting as agent) and not the purchaser of 
  the copyrighted goods/services. Copyright law doesn't over-ride the 
  contract law option the purchaser has of offering an alternate contract, 
  though it does automaticaly make the original bid (and subsequent license 
  agreement) null and void at the option of the seller.

  It would be perfectly legal for a store to offer Immaculate Word 2K for
  $20 a copy. You as a potential purchaser could then counter-offer to
  purchase it at $15. If the seller refuses you would not be able to
  purchase that product at the old price of $20 except at the discretion
  of the seller. Your counter bid made the old price null and void to
  you. There is the question of whether that counter offer would then
  legaly (not that this would be enforcable in the real world except in
  some very wierd situations) bar the purchaser from buying from any vendor
  (they are all acting as agents of the same seller-copyright holder after
  all and therefore limited by their contract with the copyright holder)
  without permission of the actual copyright holder. ]

[ text deleted ]

----- End of forwarded message from Sunder -----

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