Fwd: Re: [sf-lug] Rick's explanation of his internet setup.

Adrien Lamothe alamozzz at yahoo.com
Fri Jan 6 18:50:29 PST 2006


Ah, didn't mean to take the thread private, was very tired that night.



Rick Moen <rick at linuxmafia.com> wrote: Date: Wed, 4 Jan 2006 21:28:55 -0800
From: Rick Moen <rick at linuxmafia.com>
To: Adrien Lamothe <alamozzz at yahoo.com>
Subject: Re: [sf-lug] Rick's explanation of his internet setup.

 Quoting Adrien Lamothe (alamozzz at yahoo.com):

> I'd like to see Real Networks, Adobe, et. al, actually try to sue
> someone for giving away programs that are freely available to anyone
> over the internet; that would be an entertaining case.

You can set up a test case, easily enough:  Just post a public copy of
Acrobat Reader on a Web site of yours, and then drop Adobe's lawyers a
note furnishing the URL, saying you'll be operating that as an
unauthorised download site, and daring them to try to stop you.

They of course _can_:  Among the rights reserved by default to copyright
owners is the right of distribution, and thus the right to offer the
work only from authorised sites, or not at all.  That's why _granting_
the public the right of redistribution requires a specific licence grant
to that effect, and why there is no such right without such a grant.

> Actually, you are the one who needs to cite an example of a suit
> brought against a consumer for benchmarking a product. 

Huh?  

I believe you were saying that disallowing software benchmarking via a
product EULA is illegal and unenforceable.  I therefore would like to
see a cite of the controlling law (statute or caselaw), since I can't
find any.  You must have had some reason to think that; all I did was 
ask you to cite that reason.


(I note that you dropped offlist into private e-mail.   Therefore, to
avoid violating your privacy, I am continuing in the same medium, even
though I actually strongly prefer for public threads to remain in
public, unless someone has mentioned a compelling reason for privacy.)




		
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