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Old 04-04-2004, 05:11 PM
Windcatcher
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Join Date: Jan 2002
Posts: 1,175
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For a second I was like Grandpa Simpson, clutching his chest and muttering incoherently...then I read the thread. Christ Almighty, don't ever do that again :P

On a serious note, what follows is why SOE's EULA clause barring users from playing on EQEmu isn't worth the bits it consumes. Allow me to cite UNITED STATES FEDERAL LAW:

Code:
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
Title 15 covers antitrust law, and this is part of the Clayton Act of 1914. It's also the reason why Ford can't bar me from putting Autolite spark plugs in my Explorer: our lawmakers realized a long time ago that such restraint of trade is harmful to capitalist economies and made the practice illegal. As for the DMCA, I've read it several times, and there's no need to fret IMHO. I'm not a lawyer, but I'm not an ignorant yokel, either--I'm capable of reading and understanding the law. I'd actually like to see some case law judgments concerning the above statute: if there's anyone on the forum who has access to such information I'd appreciate if you could post it for our edification. Anyhow, regarding the operative EULA clause, as far as I'm concerned the legal folks at SOE can stuff it in a well-known orifice--the clause is not only illegal, but blatantly so.

WC

"It's not a suggestion: it's THE LAW."

P.S. I'm still on my EQEmu vacation, and I've got a nasty ear infection to boot. My doctor has me full of cipro and painkillers, and I'm still recovering from EQEmu burnout. You're just going to have to be patient
 


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