Articles of Interest
Reading today, since it was my day off, I found several related items that I wanted to pass along.
A woman in the great state of South Carolina has filed suit against the RIAA. It looks to be an interesting case, but I really only mentioned it because you don’t see SC in the news about stuff like this very often.
Also the RIAA lost a case where the defendant didn’t even show up. It’s kind of unusual for that to happen to such a large organization, but it sets an interesting precedent for anyone seeking to fight them in the future.
Autodesk, makers of AutoCAD, is being sued by a man whose eBay account was disabled, because he was trying to sell legitimate copies of software. The thing is they used the DMCA to have the account shut down. This case is interesting because it take on the DMCA usage and EULA, End User License Agreements. Anyone who uses software, or some books, has supposedly agreed to a EULA. Well for a while the legitimacy of the items and rights signed over in the EULAs have been under attack. This one may further erode the huge EULAs that you have to agree to whenever you install anything.
Finally, a report probably overestimates the revenue generated by Fair Use. However, it does give good reason for lawmakers to pause and look at how protecting copyright too vigorously could cause much more damage than it prevents.
3 Comments:
Very interesting in the EULA case. I'll have to follow that one. If the judge has ever purchased software I think he'll have a tough time ruling that consumers agree to a EULA they haven't seen by opening the software packaging.
But it's an easy kill. Opening the package can't imply agreement to something you can't see until you open the package, prima facie. But then firms could simply place this notice on the outside of the package in a big red font:
"NOTICE: Before opening, read the End User License Agreement (EULA) at http://screwyou.com/EULA. By opening this package user implies agreement with EULA."
And now the EULA can be even longer and more irritating.
A good lawyer will tell you that there is no contract on the face of the earth apart perhaps from the Magna Carta that you can't get out of with the right legal strategy. But then, a good lawyer might cost you an awful lot, too, and the odds are the other side has a few dozen good lawyers working for them. Still, with the right cash flow the entire EULA should be up for grabs. The problem is the cash flow is all on the corporation's side and not on the consumer's.
Still, an interesting case and worth watching.
By Unknown, at 9/19/2007 10:50 AM
Totally not the place to post this, but I'm too lazy to look for a light-hearted post. Thought about you last night. Was watching comedy central and the comic asked "what color does a smurf turn when you choke him?" For some reason, you popped into my head! What color WOULD an asphyxiated smurf be?
By Rambling Speech, at 10/07/2007 8:41 AM
Orange.
Poke, poke...
Was it you who wrote about the MLB v rotisserie baseball case a while back?
By Unknown, at 10/28/2007 12:47 PM
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