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Old 11-28-2010, 07:00 PM   #100
Harmon
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Quote:
Originally Posted by rlauzon View Post
But, regardless of whether or not you agree that this is right, the fact remains that you made an agreement with HarperCollins as a condition for downloading the eBook. By removing the DRM, you violated that agreement and it's you, legally speaking, that are in the wrong.
Actually, in the US that's questionable for at least two reasons.

The first is that this kind of contract is what courts refer to as a "contract of adhesion." This means that it is a contract which the weaker party (in this case, the customer) has no ability to negotiate about. The courts will not enforce "unconscionable" provisions in such a contract. There are standards for deciding what fits this terminology, and I have little doubt that Harper loses this argument.

The second is that in similar circumstances, the courts have found "from all the facts" that what has occurred is a sale, not a license, and such a clause would be void.
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