Nicolai Rosen on Tue, 28 Dec 1999 22:14:47 -0500 (EST)


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Re: Is it apropos? (was: Re: [Plug] DVD people taking the hackers to court)




> It doesn't matter if we agree with it, but it does matter that they're
> trying to issue an injunction against somebody operating outside of the US.
> They can't really do that unless they get an injunction in the other
> country.


And if the injunction was delivered by a law firm of that company (as was
the case in Norway)?

huh? That's just confusing.

> >The complaint does mention a suspected complicity of a licensee. This
> >would then meant that the software was based on illegally obtained
> >information.
>
> The information was obtained legally as in the country it was obtained, the
> right to reverse engineer is protected, a protection that superseeds any
> licenses to the contrary. Also, a license doesn't apply merely because you
> open the box. If the person or people who reverse engineered the software to
> strip out the keys never used it, then there would've been no reason for
> them to agree to the license. That being said, I've always thought that the
> idea of somebody agreeing to a license by clicking on a YES box or using the
> software was a bit absurd. For all I know, that's not legally binding (as
> well it shouldn't be) in the country it took place.


I'm not talking about an EULA.  I'm talking about a company that obtained
a license to produce DVD software.  If they provided material or data to a
third party to enable that party to decode the DVD data, the company would
be in violation of their license.

They could be sued for neglegence (I'm pretty sure they were operating according to their license) and then that sucks for them, but it's a trade secret, not patented information or anything. Once it's out, it's out and fair game.
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