Re: [OT] DMCA loop hole

Mike Harrold (mharrold@cas.org)
Fri, 3 Aug 2001 18:51:44 -0400 (EDT)


>
> Yeah it is. EULA has become totally valid and should be upheld by any
> courts who come across one. (In the US at least. I don't know the
> situation outside the US). One of the recent bills/acts/whatever made
> this change.
> Nick

I believe you refer to UCITA which is a STATE bill, not a federal bill.
All 50 states are passing/sitting-on versions of this bill. I believe
Virginia is the only state that has passed the bill AND is enforcing
it. Others have "delayed" it's effective date.

However, MANY states are passing/debating subsequent bills that NULLIFY
other states' UCITA bills, because the flaws in the UCITA bills are
becoming more apparent.

Regards,

/Mike

>
> On Fri, 3 Aug 2001, Alan Cox wrote:
>
> > > >From Paul G. Allen on Wednesday, 01 August, 2001:
> > > >To take another angle, those of us who actively look for exploits in software (because companies like M$ fail to do so themselves) risk being sued for doing so.
> > >
> > > Hrm. Very good point. However, under most EULA's I've seen, reverse
> > > engineering is already a no-no.
> >
> > Most EULA's are not legal contracts. In civilised countries the right to
> > disassemble is enshrined in law (ironically it comes in Europe from trying
> > to keep car manufacturers from running monopolistic scams not from the
> > software people doing the same)
> >
> > In the USA its a lot less clear. You can find laws explicitly claiming both,
> > and since US law is primarily about who has loads of money, its a bit
> > irrelevant
> >
> > Alan
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