On mySimon: Oakley Juliet Polarized Lens Sunglasses
BNET Business Network:
BNET
TechRepublic
ZDNet
TalkBack 30 of 38:
Next »
« Previous
Duck hunting.
Hmmm.
Not looking at the original agreement, so let's assume it says Adobe has granted a license, and that there are restrictions on how the software may be redistributed.

Softman argues that the deal looks more like a sale than a license, and:
the court looked to the "economic realities" of these exchanges to conclude that Adobe had actually sold, not licensed, the copies of its software Softman obtained...

This really is the equivalent of quacks like a duck.
Means that if the terms of one type of an agreement are too similar to another type of agreement, then a judge can tell one party that they didn't sign the agreement negotiated, they really signed something else.
And if that something else includes provisions which violate the signed agreement, too bad.

How to get out of an agreement: treat it as a metaphor.
Brother.
How does Adobe get around this, include text like, "This really is an agreement. We mean it this time. What this agreement says will happen is going to happen, or else."?

This is one duck that deserves to be removed from the gene pool.
Posted by: Anton Philidor   Posted on: 10/27/04 You are currently: a Guest | Members login | Terms of Use
Reply to Story Reply to Message

Alert moderator to an offensive message

Subscribe to this discussion via Email or RSS

This is the new model, subscription  hipparchus2000 | 10/26/04
Yes, good point, but UserLinux is comming too.  DonnieBoy | 10/26/04
Debian?  Roger Ramjet | 10/27/04
Which is funny  rapson | 10/27/04
the implementation was different  hipparchus2000 | 10/27/04
For some people, yes, for others, no  CobraA1 | 10/27/04
I admire Sun more and more every day.  No_Ax_to_Grind | 10/26/04
Verry Scarry  Roger Ramjet | 10/27/04
Admirable's nice...  Anton Philidor | 10/27/04
Solaris is pretty much the same as Linux in engineering terms  hipparchus2000 | 10/27/04
I agree, but conside Sun's marketing clout.  No_Ax_to_Grind | 10/28/04
ok  V Sanders | 10/26/04
Sun could never get OEMs to go agaist the ms cash bac k program  V Sanders | 10/26/04
Yes, Debian is for Hackers, but it is the choice to base another distro  DonnieBoy | 10/27/04
Don't forget...  vdraken | 10/27/04
One word: Applications  ibnanouk | 10/27/04
Amen dude!  SantiagoCrespo | 10/27/04
or a preinstalled linux system  hipparchus2000 | 10/27/04
Zombie Programmers  Roger Ramjet | 10/27/04
desktop linux is growing fast though  hipparchus2000 | 10/27/04
Linspire (Lindows) has done this longer and better  RogerFairmont | 10/27/04
Jolly Roger  Roger Ramjet | 10/27/04
relies on WINE - no it doesn't  hipparchus2000 | 10/27/04
Linspire? Are they even still in business?  No_Ax_to_Grind | 10/27/04
CNR is cool  voska | 10/27/04
Sorry, but at least one court said you BUY software.  Update victim | 10/27/04
Not exactly the case  j.m.galvin | 10/27/04
From what I've read  voska | 10/27/04
In this case  j.m.galvin | 10/27/04
Duck hunting.  Anton Philidor | 10/27/04
Why do you license?  voska | 10/27/04
PCs are workstations  michael-t | 10/27/04
Don't trust the roadmap  alscook@... | 10/27/04
Office XP Pro OEM is only $150  george_ou | 10/27/04
But who wants to buy a new PC to get Office XP?  voska | 10/27/04
it's a free country  hipparchus2000 | 10/27/04
Only thing a Sun should do is burn  FilledOut | 10/27/04
Doesn't look like renting to me  BillShepp | 10/28/04

What do you think?

SponsoredWhite Papers, Webcasts, and Downloads

advertisement
advertisement