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| reply to K McAleavey
Re: Microsoft will wipe Sony's 'rootkit' and more My PC is not primarily a CD player, that is only one feature. If I discover after the fact that use of a copy protected CD impairs the function of my computer, alters my operating system in such a way as to create a privacy and/or security vulnerability, and will damage or disable my computer if I attempt to restore my computer to a safe condition, and then I decide to give up the ability to play Sony CD's as the price of restoring the stability, privacy, and security of my computer, does Sony have the legal right to prevent me from doing that? Once I have used my computer to play a Sony CD am I legally forbidden from doing a format/recovery?
I can see where providing a free uninstaller to the general public may cause you to lose the protection of existing precedent under New York law regarding your license holders being a private club. I would think that binding the uninstallion to BOClean itself so that there is not a free or evaluation version available would maintain your existing precedent.
Would it be possible to submit the question for an advanced ruling to US and NY attorney generals? |
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| What I'd written for this situation is actually NOT a part of BOClean itself, and therefore would not have provided "legal connectivity" to the product we make - it was a separate and unique application of something that we did custom for a foreign government to secure their systems and not legally applicable as a piece of BOClean. That was the reason why I pursued doing it in the first place as I sure wouldn't want to do anything that would jeopardize our existing constructs.
Within our own code, dealing with SONY's rootkit is amateur hour compared to what else is out there, and thus I saw no risks on a technical standpoint given how different the freebie would have been compared to our "real stuff." 
But lawyers ... well ... (grin) I keep getting told that they're not as dumb as juries. Heh. -- Kevin McAleavey support@nsclean.com (Makers of BOClean - BOClean means never having to do an HJT log again)»www.nsclean.com |
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 museheartPremium join:2002-08-11 Hazel Green, AL | "But lawyers ... well ... (grin) I keep getting told that they're not as dumb as juries."
I could argue on both those counts, Kevin! 
The simple truth is, there is nothing fair about the law. That came from a lawyer, several in fact. Therefore, we really do have a dilemma here but in the meantime, I like the boycott Sony idea a lot!
Keep up the great work and on with the fight!
-- MuSe
Visit Fighting Back! - Quick links to the best freeware anywhere! »home.mchsi.com/~museheart/fight.html |
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