FLECOM
Bay Networks Freak
Premium
join:2003-03-03
Miami, FL
| oooo, can i sue sony now?
can i sue sony now for hacking my pc if it does that crazy crap?
when will these people ever give up?
even if they made absolutely hack proof DRM blah blah, i can still hook the line out of a portable cd player or something to the line in on my sound card and hit record in sound recorder 
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BellSouth sucks |
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Thaler
Premium
join:2004-02-02
Encino, CA
| said by FLECOM  :can i sue sony now for hacking my pc if it does that crazy crap? Nope. Hidden EULA in the CD cover. Should the CD create complications for your computer, it's your fault. |
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Sgtslaughtr
join:2005-08-29
Knox, IN | reply to FLECOM
I wonder if some 12 year old from scandinavia made a virus that told you in a lengthy EULA that this program would erase all your .mp3's or .jpg's and corrupt your boot record, would that also be your fault for not reading the EULA? |
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Thaler
Premium
join:2004-02-02
Encino, CA
| said by Sgtslaughtr :I wonder if some 12 year old from scandinavia made a virus that told you in a lengthy EULA that this program would erase all your .mp3's or .jpg's and corrupt your boot record, would that also be your fault for not reading the EULA? Probably. After all, that is ad/spy/malware's primary legal defense...and it seems to be working. |
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cdru
Go Colts
Premium,MVM
join:2003-05-14
Fort Wayne, IN | reply to Thaler
AKAIK, clickwrap or shrinkwrap licenses have never officially been challenged in courts. |
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Kearnstd
Elf Wizard
Premium
join:2002-01-22
Mullica Hill, NJ | reply to FLECOM
does holding down shift work? or turning off autoplay?
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[65 Arcanist]Filan(High Elf) Zone: Broadband Reports |
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stufried
Premium
join:2003-10-13 | reply to Sgtslaughtr
Or better yet, some phisher in Bulgaria wrote a "free software" program which contained a EULA stating that he was authorized to use your PayPal account, Amazon account,and web banking account to help compensate for his efforts. |
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gatzdon
join:2002-10-25
Lake Zurich, IL | reply to cdru
The courts upheld that Lexmark's shrinkwrap license/contract was enforceable. You can find it at the EFF's website. |
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Jason Levine
Premium
join:2001-07-13
USA | reply to Thaler
My problem with those a EULA like that is that the user can't read it and agree to it before opening the package. And once you've opened the CD case, good luck returning it if you don't agree to the EULA. |
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cdru
Go Colts
Premium,MVM
join:2003-05-14
Fort Wayne, IN
| reply to gatzdon
said by gatzdon :The courts upheld that Lexmark's shrinkwrap license/contract was enforceable. You can find it at the EFF's website. I beleive you are referring to the Lexmark v. Static Controls case where Static Controls "reversed engineered" the chip that allowed aftermarket inkjet cartridges to work in their printers. You are right that it was decided in favor of Lexmark, however it was overturned on appeal and the SCOTUS has denied hearing the case. More info here.
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"What gives them the right to come in and do this?" she said. - Lady complaining that she was getting FIOS in her backyard. |
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Thaler
Premium
join:2004-02-02
Encino, CA
| reply to Jason Levine
said by Jason Levine :My problem with those a EULA like that is that the user can't read it and agree to it before opening the package. And once you've opened the CD case, good luck returning it if you don't agree to the EULA. Hehe, I didn't say I agreed to it, but rather, that's just how things are.  |
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owenhome
keeper of the magic blue smoke
Premium
join:2002-07-13
Bentonville, AR | reply to Kearnstd
Be very careful. Saying that can get you locked up. Look at the poor SOB who came up with that in the first place.
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Never argue with a fool, people might not know the difference. |
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gatzdon
join:2002-10-25
Lake Zurich, IL
| reply to cdru
said by cdru :said by gatzdon :The courts upheld that Lexmark's shrinkwrap license/contract was enforceable. You can find it at the EFF's website. I beleive you are referring to the Lexmark v. Static Controls case where Static Controls "reversed engineered" the chip that allowed aftermarket inkjet cartridges to work in their printers. You are right that it was decided in favor of Lexmark, however it was overturned on appeal and the SCOTUS has denied hearing the case. More info here. Aside from the fact that your article predates the 9th Circuit Court Ruling, always go to the source, articles sometimes miss the real message.
»www.eff.org/legal/cases/ACRA_v_L···ling.pdf
The court upheld that Lexmark's shrinkwrap license on their so called Prebate printers was valid and enforceable. While the court did agree that the third party manufacturer was not party to that license, they did imply that Lexmard could sue their consumers when they violate the license by not sending the empty cartridge back to lexmark or by using a third party cartridge in the Prebate printer. It's a very discouraging read.
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$100 placed at 7 percent interest compounded quarterlyfor 200 years will increase to more than $100,000,000 --by which time it will be worth nothing.- Lazarus Long |
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