On 6/25/98, Christopher A. Mohr <chrismohr[_at_]sprintmail.com> wrote:
>
> If 2B passes (and arguably even if it doesn't) then the license may
> control. You're assuming, though, that a producer of social science
> data could remain in business while: (1) selling a product while at the
> same time prohibiting its use and (2) squandering its fincances paying
> lawyers to sue individual consumers for writing journal articles. I
> don't think your consumer/scientist has anything to worry about, in
> reality.
Under 2B, this "consumer/scientist" would not be a consumer and might be a merchant.
The argument that a person would be safe in violating a legal obligation or restriction because a company would not squander its legal resources on the prosecution seems entirely inappropriate. The effect of such a law would be to give an unfair disadvantage to those who follow the license terms. Our jurisprudence should be designed to reward those who follow the law, not those who snub their noses at it.
Cem Kaner, J.D., Ph.D. Attorney at Law P.O. Box 1200 Santa Clara, CA 95052 408-244-7000Author (with Falk & Nguyen) of TESTING COMPUTER SOFTWARE (2nd Ed, VNR)
This e-mail communication should not be interpreted as legal advice or a legal opinion. The transmission of this e-mail communication does not create an attorney-client relationship between me and you. Do not act or rely upon law-related information in this communication without seeking the advice of an attorney. Finally, nothing in this message should be interpreted as a "digital signature" or "electronic signature" that can create binding commercial transactions. Received on Sat Jun 27 1998 - 17:07:10 GMT
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