Linked by Thom Holwerda on Mon 25th Jun 2007 22:44 UTC
Windows As was to be expected, the Longhorn Reloaded team has been shut down by Microsoft. "It is with sad news that I have to inform you that today due to a cesit and decist letter we recived from Microsoft we are no longer able to provide you with a download link to Longhorn Reloaded. It deeply saddens me that although Microsoft hknew about this project for many months they only issued us with this notice a few days after we started to distribute the iso via torrents and ftp server."
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RE[4]: Cooperations buys laws
by evangs on Tue 26th Jun 2007 09:24 UTC in reply to "RE[3]: Cooperations buys laws"
evangs
Member since:
2005-07-07

It isn't subject to criminal law, but under civil law, you can be sued for breach of contract. Don't think you can just breach any old contract and get away with it, you will most likely be penalised.


Exactly. I am sick of people excusing piracy in all forms as a kind of "breach of contract" as if the phrase "breach of contract" makes it all okay.

Breaching a contract is serious stuff. I'm currently governed by a few contracts, one of them is my tenancy agreement. In it, there is a clause that says I cannot sublet. Of course, I could sublet seeing as there is no law against subletting but then I would be going against the contract I agreed to when I moved in. That means that a) my landlord can kick me out b) he can demand I stop subletting c) haul my sorry butt to court if I fail to comply with his demands.

Contracts are serious stuff. Never ever trivialize a contract and be wary of any contract you bind yourself to.

Reply Parent Score: 2

RE[5]: Cooperations buys laws
by sukru on Tue 26th Jun 2007 11:42 in reply to "RE[4]: Cooperations buys laws"
sukru Member since:
2006-11-19

Contracts are serious stuff. Never ever trivialize a contract and be wary of any contract you bind yourself to.


Of course breaching a contract is serious. However it's still not criminal.

For example, if I were to steal (in the real sense) I'd be in prison according to many countries' laws even if the owner of the property "pardoned" me. A crime is still a crime wether there's complaint or not.

On the other hand, I can always try to talk to the other parties in the contract in case of a breach. A new agreement would be the likely outcome. This can also apply to your example (i.e: a higher rent or new terms).

To summarize: You're right, breaching a contract is serious, neverthless we should not confuse it with a crime.

Edited 2007-06-26 11:44

Reply Parent Score: 4

archiesteel Member since:
2005-07-02

Exactly. I am sick of people excusing piracy in all forms as a kind of "breach of contract" as if the phrase "breach of contract" makes it all okay.


You seem a bit confused. No one is excusing piracy as a form of breach of contract. Piracy (i.e. violation of copyright) *is* a crime, while breaching a contract is *not* a crime - though you can get sued if you do.

BTW, some contracts are illegal, i.e. they ask for conditions that contravene the law (i.e. a tenancy agreement that would only let you caucasian roommates). You wouldn't get sued for breaching such a contract. That said, you *should* always have a lawyer look at a contract before you sign it, as you can find yourself at a serious disadvantage if you don't.

This is also different from EULAs. Most EULAs wouldn't stand the test of the courts, because the conditions they impose go against elements of contract law in many jurisdictions. Not that this is relevant to the current topic, as the cease-and-desist letter concerned a violation of copyright (redistributing the beta without consent), *not* a breach of the EULA.

Reply Parent Score: 2

wannabe geek Member since:
2006-09-27

This is all well and good, but one important notice, everyone:

An EULA is NOT a contract. A copyright licence, including the GPL, is NOT a contract.
Clicking the "accept" button has ZERO legal value. The licence only informs you of what you can legally do. In case of doubt, you can do, pretty much, NOTHING.

From the GPL-v2 text:

"5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it."

Read more from Groklaw:
http://www.groklaw.net/article.php?story=20031214210634851&query=li...

BTW, the entry for "EULA" in Wikipedia seems to imply otherwise, but I think Groklaw and Eben Moglen, the Free Software Foundation's attorney are better sources.

Reply Parent Score: 2