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Re: Epson 1280/ MIS Perpetual Color Ink



on 6/13/02 4:51 PM, Epson-Inkjet-Digest at
owner-epson-inkjet-digest@leben.com wrote:

> Date: Thu, 13 Jun 2002 11:21:51 -0500
> From: "Thomas Keesling" <tom.keesling@att.net>
> Subject: Re: Epson 1280/ MIS Perpetual Color Ink
> 
> I don't understand your reasoning here. Whenever one enters into a legally
> binding agreement (e.g., a license agreement), how can the subsequent
> violation of that agreement by one of the parties not be "illegal?" Are you
> suggesting that these software licensing agreements are nonbinding or not
> legally enforceable? I think there have been a sufficient number of
> successful court cases to show that (at least in general) the agreements are
> legally enforceable.
> 
> I'm not entirely sure what you're suggesting, but if you or anyone else on
> this list is recommending or even condoning behavior that is likely to be
> illegal, I have a major problem with that. It's unethical, IMHO, and such
> suggestions shouldn't be a part of this list.


My guess is that reasonable people and/or lawyers could disagree on the
legal enforceability of the profile software license agreement.  Violating
the license would not be a criminal act.  It may be a breach of contract
that can be litigated and brought before a judge and/or jury should those in
disagreement be willing to spend the money on such a test of the legal
validity of the license agreement.

An example might be that Warner Brothers could print on the box of each dvd
a "license agreement" that the dvd is for home use only by the original
purchaser and can not be rented to a 3rd party.  Just because they print
this does not mean that a court will rule this is a legal contract.  And the
person breaking this "license" will not be acting immorally or illegally.
However the "license" breaker might need the financial resources to defend
themselves in a lawsuit if they wish to continue in the rental business.  It
does not make the act of renting immoral or unethical.

It seems clear to me that making and selling a dupe of the "profile maker
pro" software would be stealing. It is not clear to me that selling the
profiles created by this software can be legally restricted by the software
makers.  

Any Epson enthusiast attorneys out there wish to comment?
 
-Bruce

Visit my website at:
http://home.earthlink.net/~smthopr

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