[Ti] Safari Beta v.64 is out [NOT HERE]

John R McDaniel johnmcd at one.net
Wed Mar 12 05:07:37 PST 2003


On Wednesday, March 12, 2003, at 01:17  AM, luke wrote:

> how can legal action be brought against a party who is not a party to 
> the original agreement which is actually between the beta tester and 
> the company?  eg:  the list owner can not be bound to the terms of an 
> agreement he or she has not been a witness to - mush less if he or she 
> has not entered into a legally binding agreement. wouldn't the action 
> be brought against the beta tester who leaked??

I haven't read the terms of software license. I could say something 
like, "if you are not authorized to beta test this software through 
appropriate channels, you must remove it from your hard drive 
immediately or risk legal action." Dunno. I wouldn't surprise me. I've 
seen a couple of beta testing agreements.

If you really want to know about this issue, spend 3 or 4 hours with 
Google. Here's a tiny fraction of what 10 minutes will get you:

 From The NYT, July 2000

> Kessler said his client sued linkers, as well as those who posted 
> DeCSS, because "all of the linkers . . . acknowledged the wrongful 
> nature of this and encouraged people to use" the DeCSS software. The 
> defendants were not "passive" or innocent linkers, he said.
>
> He added that the case is similar to another case pending in federal 
> court in Salt Lake City, in which a judge last month issued an 
> injunction banning a couple from posting the Web addresses of sites 
> that posted copyrighted material owned by the Mormon Church. That 
> decision is being appealed to the United States Court of Appeals.

This matter is a hotbed of activity for lawyers. OK, it's a very 
contested issue. But why get mired in it?

I'm done with this. I'm not going to tell you where to buy crack. I'm 
not going to tell you the best way to kill your wife and dispose of the 
body. And, I'm not going to aid, abet, encourage, or condone illegal 
activities on a worldwide public forum.

Don't EVER type anything you don't want everyone in the world to see. 
Period.

Woz ?  Shawn ?

later, j mcd

--
John McDaniel      johnmcd at one.net
Sonic Arts Digital Audio Services, Inc.



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