The software seller Offers to let you use the item you bought. That seems pretty clear.
And that, all by itself, is why EULAs should never be valid (and why the 7th and 8th Circuits were wrong): If you already bought the item, then all the agreements necessary to enable you to use it have already happened. The EULA fails to be a valid contract not because of dubious acceptance on the part of the user (clicking "I agree" vs. signing a sheet of paper), but because the publisher fails to offer consideration. Every benefit the EULA purports to convey is one already enjoyed by the owner of the copy of the software!
"I already owned the software, so it was my property to use as I wished. No further contractual agreements were necessary; clicking the button labeled 'I agree' was merely one of several necessary steps to use the software, no more legally significant than inserting the CD into the computer. No valid contract existed, other than the one implied by the Uniform Commercial Code at the time of purchase."
what's going on, mods! it is very rare that I make an insightful comment.
please, don't give me undeserved karma, you are only encouraging me.
make me earn it!
It doesn't matter; as long as you're not a full-time troll you just bounce off the upper limit constantly anyway.
Jeez, who cares?! My point was that the content (HTML and such) on TPB's web site was there legally, because it was put there on purpose by the copyright holder (whoever they might be). That's it! That's all I was trying to point out!
Besides, the site has advertising, and the people running it make money. That makes it reasonable to call it a "company," even if its a sole proprietorship or partnership without a formal business license.
Google is located in the United States, the only jurisdiction in which the DMCA is valid. The Pirate Bay is not. How many times do you have to be told this, dumbass?
You'll actually find most car manufacturers don't sell cars that give you the means to drive at extremely excess speeds.
Well that depends what you call "extremely excess," now doesn't it? Let's define it as 100 MPH, since a lot of places in the U.S. have extra punishments (above and beyond mere speeding) for it. You'd be hard pressed to find a car manufacturer that didn't sell a car capable of going faster than that; even my Hyundai econobox (cheapest new car sold in the U.S. at the time) can do it!
The problem is that I'm hoping to build a low-profile PC. The entry point for low-profile NVidia video cards is fairly high. At least, that I've been able to find.
Really? I bought a 6200 a while back -- back when a 6-series would have been a reasonable thing to buy -- and it was low-profile except that it had a full-height metal backing plate attached to it (I can't remember if there was a half-height one in the box or not). It was even passively-cooled, too. And I wasn't even looking for a low-profile card; it just happened to be on sale or something.
I bet you could find a 9200 (or whatever the current low-end Nvidia card is) in a low-profile form-factor without even trying.
So people wanting to be paid for their work is greed...
People wanting to be paid over and over for creating a single piece of work -- including even their heirs being paid for it after they're dead -- is, in fact, greed!
Their product is becoming worthless before their eyes. The position of the government SHOULD BE to protect the property of its citizens.
I'm sorry, you lost me at "property." Could you do me a favor and explain, starting from the U.S. Constitution, how copyrights are "property?" Last I checked, "property" didn't expire, for example.
If they do something stupid with it, then maybe _they_ end up in jail.
No, if they do something stupid with it, then maybe you end up in jail, because it was still your "responsibility" even though they made it impossible for you to uphold that responsibility. In other words, if you hand out your passwords you become a ready-made scapegoat.
Basically, it's a no-win situation. It's essentially equivalent to getting fired, except they screw you out of the rights you would have had if you were fired explicitly.
If the owner decides that the root password should be "password" and further that it should be posted on the wall, well that's his decision. You can and should tell him why that's a bad idea but if he says "I don't care, do it," then it over. You can't tell him no, because it isn't your stuff, it's his stuff. You can, of course, quit (and I probably would in that situation), but you can't just refuse and say "It's for your own good."
You know, this is exactly why professions other than IT have professional licensing. For example, a civil engineer could refuse his boss's request to design an unsafe structure. In fact, he's obligated to refuse, because to do otherwise would get him kicked out of the ASCE and sued. Ditto with doctors and lawyers.
Now, why doesn't IT have something equivalent to this??
Does that mean you show up at the polling place and then abstain from everything, turning in an empty ballot? I hope so, because otherwise your act is indistinguishable from apathy.
Yeah, but actors with no lines don't get paid nearly as much as ones that get to say stuff. Would you want the part of Gordon, when everyone around you gets lines, but you have to just stare at people (with the option to take a crowbar to them, admittedly)?
Slashdot Mirror
And that, all by itself, is why EULAs should never be valid (and why the 7th and 8th Circuits were wrong): If you already bought the item, then all the agreements necessary to enable you to use it have already happened. The EULA fails to be a valid contract not because of dubious acceptance on the part of the user (clicking "I agree" vs. signing a sheet of paper), but because the publisher fails to offer consideration. Every benefit the EULA purports to convey is one already enjoyed by the owner of the copy of the software!
"I already owned the software, so it was my property to use as I wished. No further contractual agreements were necessary; clicking the button labeled 'I agree' was merely one of several necessary steps to use the software, no more legally significant than inserting the CD into the computer. No valid contract existed, other than the one implied by the Uniform Commercial Code at the time of purchase."
Puerto Rico would be good too; Americans don't even need a passport for it!
It doesn't matter; as long as you're not a full-time troll you just bounce off the upper limit constantly anyway.
Jeez, who cares?! My point was that the content (HTML and such) on TPB's web site was there legally, because it was put there on purpose by the copyright holder (whoever they might be). That's it! That's all I was trying to point out!
Besides, the site has advertising, and the people running it make money. That makes it reasonable to call it a "company," even if its a sole proprietorship or partnership without a formal business license.
Are you happy now, you pedantic jerk?
Eh, "TPB" is general enough to refer to the site, the company, the people running the company, or any combination thereof.
You must not read Slashdot either, because you completely missed the obvious meme of all:
"The CPU is dying -- Netcraft confirms it!"
Google is located in the United States, the only jurisdiction in which the DMCA is valid. The Pirate Bay is not. How many times do you have to be told this, dumbass?
On the contrary, the working class had plenty of access to art! They call it "folk art" for a reason, you know!
Well that depends what you call "extremely excess," now doesn't it? Let's define it as 100 MPH, since a lot of places in the U.S. have extra punishments (above and beyond mere speeding) for it. You'd be hard pressed to find a car manufacturer that didn't sell a car capable of going faster than that; even my Hyundai econobox (cheapest new car sold in the U.S. at the time) can do it!
Really? I bought a 6200 a while back -- back when a 6-series would have been a reasonable thing to buy -- and it was low-profile except that it had a full-height metal backing plate attached to it (I can't remember if there was a half-height one in the box or not). It was even passively-cooled, too. And I wasn't even looking for a low-profile card; it just happened to be on sale or something.
I bet you could find a 9200 (or whatever the current low-end Nvidia card is) in a low-profile form-factor without even trying.
People wanting to be paid over and over for creating a single piece of work -- including even their heirs being paid for it after they're dead -- is, in fact, greed!
I'm sorry, you lost me at "property." Could you do me a favor and explain, starting from the U.S. Constitution, how copyrights are "property?" Last I checked, "property" didn't expire, for example.
That is completely and utterly false. There is copyrighted material on TPB, namely the HTML of the website itself, the image of the TPB logo, etc.
Of course, that's all legal copyrighted content, because TPB owns the copyrights!
Well, tell your wife to stop making business calls from home!
It's called "probable cause," dumbass. To perform a search, you need either a warrant or probable cause.
Except nowadays, only the police -- not the principal -- have the authority to forcibly remove her from class.
And if the student refuses to leave? Only the police officer is allowed to physically force the student out of the classroom...
How do you get the dust off your hand afterward (so that it'll be clean for next time)?
You should still be able to abstain (or do a write-in) with an electronic vote.
No, if they do something stupid with it, then maybe you end up in jail, because it was still your "responsibility" even though they made it impossible for you to uphold that responsibility. In other words, if you hand out your passwords you become a ready-made scapegoat.
Basically, it's a no-win situation. It's essentially equivalent to getting fired, except they screw you out of the rights you would have had if you were fired explicitly.
You know, this is exactly why professions other than IT have professional licensing. For example, a civil engineer could refuse his boss's request to design an unsafe structure. In fact, he's obligated to refuse, because to do otherwise would get him kicked out of the ASCE and sued. Ditto with doctors and lawyers.
Now, why doesn't IT have something equivalent to this??
Does that mean you show up at the polling place and then abstain from everything, turning in an empty ballot? I hope so, because otherwise your act is indistinguishable from apathy.
I'm a mime, you insensitive clod!
Nah, that still has problems: what if the copyright expires, but the publisher is no longer around to remove the DRM?
I think the simplest compromise would be to abolish DRM entirely.