Re: Re: Kelly v. Arriba Soft (new opinion from 9th Cir.)

[de Robert F. Bodi]
> "Usage of trade" does not mean the software industry, or the Internet
> designers. Usage of trade means the practices in the
> industry that the USER
> is in. Thus, if the usage of that trade assumes no implied
> (or express)
> right, then guess what? The software standard won't override it.
(...)
> Your mistake is that you are looking to the wrong entity as
> the "trade"
> involved. It is the user's type of business, NOT the
> Internet designers,
> unless the user happens to be writing Internet code.

Bravo ! :)
But I do not understand anything more, now. :(

Does this answer imply that by using Internet technologies, authors are now using different trading practices ?

If the Internet trading practices are different, why do authors want to apply their external practices to Internet trading ? And if the Internet trading remains the same, why do not admit that Internet technologies are enforced as "usage of trade" ?

Internet(C) I.R.Maturana -- http://www.in3activa.org &LPT-ESv1r3 - http://www.in3activa.org/doc/es/LPT-ES.html) Received on Fri Aug 08 2003 - 19:35:07 GMT