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RE: [Digital BW] Re: Digital to Silver

2004-08-20 by Dennis W. Manasco

At 7:34 am -0400 8/19/04, chris wrote:

>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.

Probably true in the long run, but even a vindicated position is 
rarely granted court costs and lawyers fees unless the plaintiff's 
action is judged entirely frivolous (and that is almost never the 
case in disputes involving contract law). And there will always be 
lawyer's fees: If the other guy has a lawyer you have no alternative; 
not having one means that you will almost certainly lose the case.

But the phrase "probably not enforceable" is far from a certainty: 
Aspects of the DMCA and current case law are giving extreme powers to 
the daily-changing internet-only sneakwrap licenses that so many 
software companies are trying to trap us into agreeing to.

Best wishes,

-=-Dennis

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