On Sat, 2004-09-11 at 08:24, Steve Szmidt wrote:
> And I would love to see someone challenge the EULA in court. It seems too
> invasive, especially by a monopoly.
Monopoly aside, even one judge commented (in the MySQL AB v. Nusphere
prelim) that the GPL is one of the most enforceable software licenses
because it does not attempt to pre-empt copyright law, unlike most
EULAs.
The problem with most EULAs that they attempt to pre-empt copyright
law. UCITA, separated out from the federal Uniform Consumer Code (UCC)
after the American Law Board would _not_ approve the section, is a bill
that is being passed around by states to pre-empt federal law**. So far
only Virginia and Maryland have passed it (was there one other now?).
-- Bryan
**NOTE: Not to be political, but the 10th Amendment is still valid for
many things. Hence UCITA after the section was ripped out of UCC.
-- Bryan J. Smith b.j.smith@ieee.org ------------------------------------------------------------------ "Communities don't have rights. Only individuals in the community have rights. ... That idea of community rights is firmly rooted in the 'Communist Manifesto.'" -- Michael Badnarik----------------------------------------------------------------------- This list is provided as an unmoderated internet service by Networked Knowledge Systems (NKS). Views and opinions expressed in messages posted are those of the author and do not necessarily reflect the official policy or position of NKS or any of its employees.
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