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Old 02-17-2010, 09:27 PM   #135
DawnFalcon
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Join Date: Aug 2009
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Quote:
Originally Posted by Shaggy View Post
A license agreement is a contract.
Er...no. Gifis' "Law Dictionary, 2nd Edition":

"LICENSE: A right granted which gives one permission to do something which he could not legally do absent such permission; 'leave to do a thing which the LICENSOR [the party granting the license] could prevent.'"

"CONTRACT: A promise, or set of promises, for breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty"

A licence is one-way, a contract is two-way. Sorry, but this is basic law and if you really don't understand this then the conversation's pointless :/

(Again; You click through the Blizzard agreements and have agreed to their licence. From this, no contract exists. You can establish a contract by taking out a subscription, but that is not required to establish your agreement to the licence!)

And Shaggy, I agree the forum example is nonsense, but it's nonsense which in America could be upheld due to the reasoning of the judge in Blizzard vs MDY Industries! You are granted a licence to post on a forum when you agree to the click through when you register...

And the entire point is that ANY violation of a EULA or ToS can invalidate your licence: Blizzard claimed, and the Judge supported, the claim that this is copyright infringement as well as breach of license!

Last edited by DawnFalcon; 02-17-2010 at 09:36 PM.
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