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 tshirtPremium,MVM
join:2004-07-11
Snohomish, WA
kudos:3
 ·Comcast
| It is legitimate for a software....... It is legitimate for a software rights owner....... to have a web check and shut down use of THEIR software, if a proper license is not detected. It is NOT legitimate for a software rights owner to shutdown, effect or otherwise damage any computer system, network, or other software on any system.
If they effect any system, THEY should be subject to the highest possible criminal penalties as well as high civil damages. (i.e. test your software well, be sure it is fit for it is for it's intended purpose, and be sure you don't cut off legitimate customers or face the consequences ) | |
|  fiberguyMy views are my own.Premium
join:2005-05-20
kudos:3 | Re: It is legitimate for a software....... Can you back that up with any sort of link to the law your post is representing?
We also have a constitutional right to innocence before proven guilty. Also, the only level of law that can take action on a citizen is the Sheriff or Federal Marshal/Agent. Corporations do not have the right to impose guilt or take action and accuse guilt. Bill or not, a court order is still required.
Regardless of this, I still believe they should be held, as you said, to the highest possible criminal penalties for what I would call, hacking. If 'we' harm a corporation, you better believe we are sued for damaged.. however, it never seems possible, in return, when they inflict damages elsewhere.
Fuck 'em. | |
| | tshirtPremium,MVM
join:2004-07-11
Snohomish, WA
kudos:3 Reviews:
·Comcast
| Re: It is legitimate for a software....... No specific laws, I was stating my opinion as to how I think it should work.
However most of these points are covered by various laws.
The problem with UCTIA is it is too one sided, doesn't deal with liability for mistaken or malicious application to a system.
I believe If Microsoft (for example) detects you using a pirated copy of windows (via WU, perhaps), it would be within their right to stop the O/S from working. And maybe give them the basis to began a legal proceeding. However it would not be their right to prevent your computer from working (by loading a new O/S, or acquiring a legitimate copy). | |
| |  jester121Premium
join:2003-08-09
Lake Zurich, IL | This sort of thing isn't uncommon in big commercial pieces of software which are sold using negotiated multi-million dollar contracts, but the idea behind UTICA was applying such restrictions on "click-wrap" software like Windows or Office or such. If a company contracts for software to be written and knows there is a time bomb in it that depends on payment of fees, they're within their rights. There is no law preventing such contracts thus they are legal.
Your comment about "innocent until proven guilty" is referring to criminal matters, not civil ones -- which would be applicable to software licensing contracts. Two different sides of the fence.
Oh, and corporations have big buildings full of lawyers to defend them from all sorts of lawsuits, both frivolous and well-founded. You're welcome to sue any company you want to! It's the American way. | |
| | | fiberguyMy views are my own.Premium
join:2005-05-20
kudos:3 | Re: It is legitimate for a software....... said by jester121:Your comment about "innocent until proven guilty" is referring to criminal matters, not civil ones -- which would be applicable to software licensing contracts. Two different sides of the fence. You are correct. However, they are also using certain laws which are backed by criminal statutes.
Software companies want to stand behind both civil and criminal, which is fine. However, the moment they cross the line of private property, which your computer remains private property, and they access the software and make an "allegation" against you, they are taking "action" against you.
This sounds simple on the outside, but on the inside, isn't.
I'm not talking about subscription / length based software. I'm talking about the very thing you are.. Windows OS. Right now, my installation is validation upon installation. That's the end of them. They may run their crappy WGA on the computer, IF I allow it to (notice the IF?) but they may not come into my computer and switch anything off with out a court order.
Also, want to touch on another part of this.. UTICA is based on what... (answer that to yourself please) JUST because a law is written doesn't mean it's a legal one. We have MANY laws that are written, passed, and signed into law all the time, however, it does come about where the legality is challenged and the law is revoked/overturned by a 3rd branch of government. (I love checks and balances when they work correctly)
I'll give you an example: DOMA - DOMA was passed into law by congress during Clinton's term and signed into law by him. Just about every constitutional scholar, lawyer, and political analyst knows that if challenged by the supreme court, it wouldn't hold muster.
I HIGHLY doubt what they want to do with software is legal and I don't care what is popular belief at this time. Just because it's an alleged "civil" contract doesn't mean that they retain unilateral right to take actions, as remember, I, the one who purchased a license, also have rights under OTHER laws. And, in this county, you can not sigh away your rights under ... law.
Oh, and corporations have big buildings full of lawyers to defend them from all sorts of lawsuits, both frivolous and well-founded. You're welcome to sue any company you want to! It's the American way. You're very right and under current administration, they are in the the highlight of their life. HOWEVER, big corps have been taken down by the government on several accounts. Get rid of Bush and this landscape of business gets all will start to go away, some. | |
| | | | jester121Premium
join:2003-08-09
Lake Zurich, IL | Re: It is legitimate for a software....... said by fiberguy:You're very right and under current administration, they are in the the highlight of their life. HOWEVER, big corps have been taken down by the government on several accounts. Get rid of Bush and this landscape of business gets all will start to go away, some. I can't wait until next January when we can all live in a state of utopia because George Bush isn't president any more.  | |
| | | | | fiberguyMy views are my own.Premium
join:2005-05-20
kudos:3 | Re: It is legitimate for a software....... You would have to be blind, ignorant, and missing half a brain not to see the corruption of the current administration... I mean, seriously. Even some of hardest republicans see it, I don't see why you don't.
Did I say "utopia"..." no. Did I say "perfect"...? No... I did say that it would "start to go away *some*"... and when it comes to the era of Big Corp WILL start to fade.. If you don't believe that, then you have absolutely NO clue what you are talking about. | |
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