Re: Epson 1280/ MIS Perpetual Color Ink

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>From what I've heard the UTICA and DMCA are fairly amazing in their reach,
so I could be wrong about what I say next, but I believe that whomever you
are, it is very unlikely that any action you take with the profiles you make
with a profiling package can be, in and of itself, illegal in a Statutory
sense.

At the moment, the only way I can see use of the software to be of any risk
to the consumer is as a result of a stipulation in a license or sales
agreement. Such a stipulation is not a law! If a consumer enters into a
contract with a software purveyor that stipulates conditions for use, then
it's easy to see that the purveyor might sue the consumer for breach of that
contract. Such a suit is not about law! Through the suit will be decided in
the terms of the law.

So the pertinent question in this context (consumption and uses of
commodities profiling packages) is not about whether you are performing an
illegal activity. The questions are: how binding are arbitrary stipulations
of use included in "shrink wrap" license agreements, and what sorts of risks
does the consumer face for breach of such agreements? I think that the
answers are *not* obvious, and do not clearly favor the purveyor. Moral and
ethical standards are relevant to the substance of contracts as well their
enforcement. I am working on some research of this topic, and hope to post
findings. I'm not sure how long this will take.

If you are someone who has a lot to loose in a lawsuit, you might take any
stipulation in any sort of a contract very seriously. Or you might not.

Finally, I believe it is morally wrong to self-censor personal creative
endeavor (e.g., making and sharing profiles) based solely on fear,
uncertainty and doubt cast about in an email forum. I think it is unethical
for those in the forum to foster fear, uncertainty and doubt about
individual rights to creative endeavor in terms of their dogma and
conjecture about the law.

Wire Moore


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