Quote:
Originally Posted by rlauzon
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.
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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.