From: Joseph Ezerski (jezerski@broadcom.com)
Date: Fri Jan 03 2003 - 22:38:13 GMT-3
It seems any vendor of any product or service can write any agreement that
they want, but does that make it legally binding? I could say "By reading
this email you agree to swallow seven live toads while standing naked in
your front yard. Failure to do so could result in severe penalties and even
death". Would that even stand up in court?
I am not sure exactly what the law says on this matter as a whole, but I do
know that these words are included in copyright law:
"to promote the progress of science and useful arts," so that "individuals
will create and disseminate knowledge and ideas."
Also, the fair use provision clearly states that non-profit educational uses
are permitted. I should also include that the "lending" of a copywritten
work is not mentioned at all. I wonder how libraries, public or private,
deal with the "lending" of millions of copywritten works on a daily basis.
The purpose of this email is not a judgement of who is right or wrong, but
perhaps the spirit of it sides with the general rights of the consumer.
-Joe
-----Original Message-----
From: nobody@groupstudy.com [mailto:nobody@groupstudy.com] On Behalf Of kym
blair
Sent: Friday, January 03, 2003 4:50 PM
To: ccielab@groupstudy.com
Cc: Ciscomonkey@aol.com; groupstudy@ipexpert.net
Subject: Re: deleted from group -- end this thread
The cover of the IPexpert workbook says "this is an individually licensed
product". The Agreement printed on page 3 says "cannot be used by or
transferred to any other person. You may not rent, lease, loan, barter,
sell or time-share the Training Materials or accompanying documentation."
Ciscomonkey violated that license, wasn't prosecuted but was expelled from
ipexpert's discussion list. He then tried to harm their business by
complaining to all of us ... their most likely customers. He apologized for
his language, but not for stealing their product. At least his "partner"
didn't join the discussion.
Some of us think ipexpert went easy on the guy, and others think he did
nothing wrong. Lets drop this duscussion and get back to studying.
>From: Chris Home <clarson52@comcast.net>
>Reply-To: Chris Home <clarson52@comcast.net>
>To: "IPexpert, Inc." <groupstudy@ipexpert.net>,
>Sam.MicroGate@usa.telekom.de
>CC: Ciscomonkey@aol.com, ccielab@groupstudy.com, admin@groupstudy.com,
> webmaster@groupstudy.com
>Subject: Re: deleted from group
>Date: Fri, 03 Jan 2003 19:06:07 -0500
>
>Let me get this straight. You license your book to people? Not sell it?
>If you sold it then why can't a person review the material with a study
>partner? Is the forum part of the sale?
>
>If so, how can you kick someone out of your forum that they paid for
>simply because they are sharing a book they bought with someone else?
>If I buy a book I can do whatever I want with it short of copying it
>and redistributing it. If that is what the guy did (copy and
>distribute) shame on him. But if you are trying to exclude him from a
>forum that was part of the sale on something that is only copyrighted
>shame on you!!! He has every right to share it, it is his, and I would
>be asking for a full refund for buying something that included a forum
>that you won't let a person participate in. If you sold the forum with
>the book you are obligated to provide it to him!!
>
>All this stuff about "well so and so has got to make money" is bull if
>it falls outside the law. So I would again question, did you license
>your book to him or sell it and is the forum part of the sale?
>
>
>
>----- Original Message -----
>From: "IPexpert, Inc." <groupstudy@ipexpert.net>
>To: <Sam.MicroGate@usa.telekom.de>
>Cc: <Ciscomonkey@aol.com>; <ccielab@groupstudy.com>;
><admin@groupstudy.com>;
><webmaster@groupstudy.com>
>Sent: Friday, January 03, 2003 5:22 PM
>Subject: Re: deleted from group
>
>
> > Sorry to bother you all with this, but I was asked to clarify this
> > situation. The user "ciscomonkey" was deleted from IPexpert's
> > online technical support and download forum after they admitted to
> > violating
>our
> > licensing agreement. We have no control or say over what Paul does
> > on groupstudy.
> >
> > Thanks! - Wayne
> >
> > Sam.MicroGate@usa.telekom.de writes:
> >
> > > Does IPExpert own this group or mail server? If yes, I did not
> > > know
>that.
> > > Also I do not think that IPExpert would do that. But you never
> > > know
>the
>real
> > > story. Any way, I have no time for this. I got to go back to
>study.....
> > >
> > > Sam
> > >
> > >
> > >
> > > -----Original Message-----
> > > From: Ciscomonkey@aol.com [mailto:Ciscomonkey@aol.com]
> > > Sent: Friday, January 03, 2003 1:37 PM
> > > To: ccielab@groupstudy.com; admin@groupstudy.com;
>webmaster@groupstudy.com
> > > Subject: deleted from group
> > >
> > >
> > > I want to let everyone know that I got deleted by IP Expert from
> > > this
>group
> > > because I told them I had a study partner and we were sharing
> > > their
>book. I
> > > have since received harassing emails from them as well.
> > > .
> > .
>.
This archive was generated by hypermail 2.1.4 : Sat Feb 01 2003 - 07:33:40 GMT-3