[Ti] Safari Beta v.64 is out [WHERE??]

[b]

According to luke:

>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??

Totally beside the point. The issue of legal action arising out of a 
breach of the agreement between the beta tester and the company, is 
NOT the issue here.

Posting links to sites where software can be obtained illegally is 
about 'facilitation', and without getting into the 'right and wrong' 
of it all, there are always Agreements between List owners and the 
Service providers THEY use, that usually make this type of 
facilitation grounds for termination of the service contract. And in 
that sense, the User Agreement is the law, as far as the contract to 
provide service is concerned.

Discussing the software may, or may not, be in good taste, or a 
violation of the EULA that the beta tester agreed to...but 
disseminating information that makes transfers of illegally obtained 
software possible is almost certainly grounds for loss of the use the 
service provider's services. That won't make the List owner 
'criminally responsible', but it certainly could force List Owners to 
spend a lot more time shopping for access/management providers.

If I violate the terms of the list, I can be asked to cease my 
participation. If the List owner violates his or her agreement with 
the Provider, then 'they;' can be asked to cease use. And the Service 
Provider has a service provider, also...you see where this is going ?

If I'm Apple, or Microsoft, I don't waste the Legal Department's time 
trying to find Johhny in his parent's basement, slinging his software 
off the PC...I just sue Verizon, or or whomever is transmitting, and 
let THEM turn around and manage the situation.  And the first thing 
they [Verizon, ATT, Earthlink, etc] do is cite the User Agreement, 
and terminate the contract. That seems to be the direction things are 
going in. To answer the question, "How can legal action be....?" 
That's easy, it can start with a cease and desist letter, without 
prejudice, and go from there.

~flipper