Re: Epson 1280/ MIS Perpetual Color Ink

[CDTobie@aol.com]

In a message dated 6/13/02 2:23:32 AM, wirem@attbi.com writes:

>It's out of my respect for your high level of participation on the list
>in
>general that I am taking a moment to respond to your comment about "bizarre
>legal advice."

<clip>
>
>That you feel that profiling or profile exchange has any relevance or
>bearing on the law or legal matters in general surprises me. 

Let me put it in this perspective. I have read many dozens of posts on this 
exact topic on a list where most of the top color consultants and many 
members of the companies licensing the software are members. In those 
discussions, issues of how to interpret these restictions, whether these 
restrictions make good business sense, and whether such regulations are 
inforcable in a broad practical manner were commonly discussed. I do not 
recall a single post suggesting that such restrictions were not legal 
matters. Legal actions based on violations of similar licenses are not 
uncommon, and while I know of no direct precedent of a company bringing suit 
specificly for profile distribution and winning the case, in the numerous 
cases I do know of where the issue has been raised with individuals or 
companies violating such licenses, it was assumed *by both parties* that the 
law was on the side of the license owner, and that the license violator would 
probably lose in court. This is one reason why there have been few if any 
such cases, since the result appears quite obvious to both parties, and even 
to their lawyers.

So your viewpoint is quite difficult for me to respond to, and your 
questioning of my motives in discussing the issue seems similarly bizarre. 
Many of the top consultants in my field have discussed this issue on similar 
forums, and consider making these issues known to users to be part of the 
general education we provide. No one on this list has asked about my personal 
opinion of these licensing restrictions, or what I recommend to the companies 
that hold the licenses when the topic comes up, but you can rest assured that 
my sympathy lies largely with the user in these matters. But that in no way 
changes the fact that we all need to be aware of how the licenses read, and 
how our actions may conflict with the limited rights these licenses allow us.

C. David Tobie
Design Cooperative
CDTobie@designcoop.com
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