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Legality of Chen's Products
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01/11/2018 14:32:12
John Ryan
Captain-Cooker Appreciation Society
Taumata Whakatangi ..., Nouvelle Zélande
 
 
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01/11/2018 03:08:10
Information générale
Forum:
Business
Catégorie:
Contrats & ententes
Divers
Thread ID:
01662875
Message ID:
01663059
Vues:
62
>>A contract-based dispute always require a prejudice, and there's none here;

Hi Thierry,

Al asked about the US: what you say is mostly correct since you can't bring a case in US Federal Court without claiming $75K minimum damages- except where federal law specifically allows that right, of which IP protection is one such.

In similar cases they don't always go after you for the EULA: they can say that in breaching the EULA you voided it, which creates other license and copyright claims from your possession of the software. The question then is whether preventing such activity is for the public good/ breaches public policy which voids contractual terms. My "take" is that MS put the "unless otherwise legal" provisions in the EULA for reasons Tamar alluded to- so they don't have to prosecute all apparent breaches to avoid loss of IP rights as can be a consequence of failing to protect. So it's all very complicated and with little prospect of recovering legal fees, this is not a battle to be provoked in the USA. I agree it's probably best not to discuss it any further or draw more attention.
"... They ne'er cared for us
yet: suffer us to famish, and their store-houses
crammed with grain; make edicts for usury, to
support usurers; repeal daily any wholesome act
established against the rich, and provide more
piercing statutes daily, to chain up and restrain
the poor. If the wars eat us not up, they will; and
there's all the love they bear us.
"
-- Shakespeare: Coriolanus, Act 1, scene 1
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