Although I am not an attorney, I have been in enough legal scrapes to understand that a license release containing unspecified commitments with no witness or notary seal is highly suspect and probably not enforceable in any court. _____ From: Dennis W. Manasco [mailto:dmanasco@...] Sent: Thursday, August 19, 2004 3:45 AM To: DigitalBlackandWhiteThePrint@yahoogroups.com Subject: [Digital BW] Re: Digital to Silver This looks like a really interesting and useful book. However: Each order requires signing an "Agree To Licensing Agreement & Signature" line on the order form. Does anyone know what this is about? If you select the "Licensing Information" link all you get is a page that says "Coming Soon!" I'm more-than-somewhat loath to agree to a license sight unseen. If it is something about not giving away the process and curve-building files to people who didn't buy the book that's one thing (though a bit historically arrogant). BUT: If it says something in it about not using the method for financial gain without paying royalties and/or crediting the author of the process on your print, or something like that, then that is another proposition entirely. (Imagine if Adam's Zone System books had required you to sign a license that said that you wouldn't teach his methods to anyone else, that you would pay Adams a royalty on every print you made using them and give him equal billing as co-producer...) (or if Nièepce had patented any process that reproduced images of three-dimensional scenes on a two-dimensional surface using lenses and chemical agents....) Anyway, I'm a bit concerned about signing licenses on the internet (rather than on paper) where they can change at any time without providing any proof of their previous form. And I really can't see signing a license sight unseen: You could be signing away your rights to any sort of tangible or intangible asset; even an unenforceable contract can require significant court costs to defend against. All of which kinda p's me off since, from the description of the book, I'd really like to send this guy 80 bucks and get a copy of the book/CD. By the way, I was going to CC: this message to Mark, but the "email Mark Nelson" link on the page only gives the familiar "Coming Soon!" response. -=-Dennis [Non-text portions of this message have been removed]
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RE: [Digital BW] Re: Digital to Silver
2004-08-19 by chris
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