Leythos said:
Show me one link that indicates a case that shows the your
interpretation of the EULA allows anyone to do as they wish for
private use - I've not seen one case that directly addresses it. And
don't repost your same old drivel, it doesn't make your case any more
than your interpretation of what you are posting.
I don't have to all I have to do is have my interpretation of "fair
use," and as long as the copyright owner doesn't contest it in court and
win, then I have every right to follow my interpretation. MS hasn't
contested it in over the dozen or more years that it introduce its one
computer term into the Windows EULA, despite knowing that people have
disregarded it, because of their "fair use" rights.
In the Betamax case, the Supreme Court defined what "fair use" means
when it comes to individuals.
"Any individual may reproduce a copyrighted work for a "fair use"; the
copyright owner does not possess the exclusive right to such a use." -
http://laws.findlaw.com/us/464/417.html
They didn't just limit individual "fair use" to that of a specific type
of copyrighted material in that case, but they left the definition broad
because individuals have to "fair use" of any type of copyrighted
material they have access to. It was one of the main rationales why
that the video recorder wasn't an infringement, because its main use
wasn't an infringement, that of individuals reproducing and using those
copies of copyrighted material.
The copyright owner "DOES NOT POSSESS THE EXCLUSIVE RIGHT TO SUCH A
USE," of that where an individual may reproduce a COPYRIGHTED WORK as a
"FAIR USE."
So until MS exercises its obligation to use due diligence in protecting
what it thinks it does have a right to, any individual has the right to
"fair use" of the copyrighted material that is SOLD to them.
"Unfortunately, if the copyright owner disagrees with your fair use
interpretation, the dispute will have to be resolved by courts or
arbitration. If it's not a fair use, then you are infringing upon the
rights of the copyright owner and may be liable for damages." -
http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/index.html
And it is the same with contract law. There is NO Law that makes
breaking a contract term illegal in and of itself. It is incumbent on
the licensor to excercise due diligence and bring those it believes has
violated it to court and get a court to agree with their violation claim
and to enforce it.
Let's take a look at SCO and IBM. Just because SCO claims that IBM has
violated the UNIX license, does that mean that IBM has violated it? No!
That's why we have courts settling contract disputes, because the
licensor is NOT the final authority when it comes to interpreting their
license!
So the ball is in you court. Show one quote with a link, that shows
that the individual must sue the copyright owner in order to validify
their interpretation of "fair use" first.
This is your challenge, put up, and show you are a man, or come back
with a meaningless contradiction yet again and show everyone that you
are just a blathering idiot.
Don't bother. Any rational human being knows how the laws work, and
know that it isn't up to the individual to prove anything unless the
copyright owner/licensor disputes it and wins in a REAL COURT OF LAW!
And any rational human being still reading this thread already knows
that you are just a blathering idiot, and not a man with any sense of
integrity!
--
Peace!
Kurt
Self-anointed Moderator
microscum.pubic.windowsexp.gonorrhea
http://microscum.com/mscommunity
"Trustworthy Computing" is only another example of an Oxymoron!
"Produkt-Aktivierung macht frei"