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"Tom Holden" wrote in message
.. . I find it interesting that the very thing putting you at ease causes alarm in myself. If I pay for something then by entering into contract with another entity I gain certain rights. The exchange of money for goods or service is defined. If I acquire something for free then there is no contract and I have no acquired rights at all. All goods or service is subject to change on the whim of the rights owner regardless of the type of ownership be it copyright or patent when they feel like it unless you can prove some special rights pertain to your use. -- Telamon Ventura, California Acquiring something for no exchange of money does not mean there is no contract. Each time you accept the terms and conditions when you install free software, you have entered into a contract. That maybe so, but if you ended up in a court of law you will find that the contract is ultimately unenforceable without the exchange of monies . That's why you'll find that agreements, no matter how trivial, have a stated nominal or token figure, without that you cannot enforce terms like deliverables, duration or liability, otherwise you just have a gentlemen's agreement. Before you talked about patent holders withtaining rights and being to change licensing terms at a whim, that's not the case, the whole point of a contract is to set down specific terms. If you sign a contract licensing 1m DRM units at $1 a piece as fixed term then it's in black a white so they can't **** you about and demand $2.00 in the future. If they initially said "you can use our codec free of charge at our prerogative" and then 18 months down the line they want $2.00 per unit then you have no claim against them. Az. |