(sigh) I can see you're going to make me do this all over again...okay, for THE PEOPLE IN THE CHEAP SEATS, listen up: I am about to quote UNITED STATES FEDERAL LAW:
Quote:
Title 15, Chapter 1, Section 14. - Sale, etc., on agreement not to use goods of competitor
It shall be unlawful for any person engaged in commerce, in the course of such commerce, to lease or make a sale or contract for sale of goods, wares, merchandise, machinery, supplies, or other commodities, whether patented or unpatented, for use, consumption, or resale within the United States or any Territory thereof or the District of Columbia or any insular possession or other place under the jurisdiction of the United States, or fix a price charged therefor, or discount from, or rebate upon, such price, on the condition, agreement, or understanding that the lessee or purchaser thereof shall not use or deal in the goods, wares, merchandise, machinery, supplies, or other commodities of a competitor or competitors of the lessor or seller, where the effect of such lease, sale, or contract for sale or such condition, agreement, or understanding may be to substantially lessen competition or tend to create a monopoly in any line of commerce
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First off, I am not a lawyer, but the above IS THE LAW. The following is my interpretation of the law as I see it. EQEmu is a COMPETITOR to EQ and as such Sony MAY NOT use any legal language barring you from using their product with those of a competitor. In my opinion, the very language in their EULA is unlawful according to the statute I state above. Title 15 covers antitrust law and language barring a customer from using the goods of a competitor is considered restraint of trade and is illegal.
The above law is part of the Clayton Act of 1914, if anyone wants to look it up (and I'd appreciate any references to any case law if some legal hounds can scrounge it up). I have no doubt that a good lawyer could get that EULA clause struck by a court if it ever went that far. As far as I can tell, EQEmu BREAKS NO LAW WHATSOEVER--just because SOE doesn't like the use of their products with those of a competitor doesn't give them the slightest legal right to bar you from doing such a thing--if anything, the law is entirely on the side of EQEmu. The day that EQEmu runs afoul of the law is the day I walk away from the project (though, due to severe EQ/EQEmu burnout I'm considering walking away anyway).
Got it? EULA's are NOT law -- LAWS are, and the above Act of Congress IS THE LAW. PERIOD.
(grumble)
WC