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From: Alan Baker <alangbaker@telus.ne
To: All
Subject: Re: You knew they were going to
Date:Tue, July 29, 2008 11:27 PM


In article <d47$488e1093$7274@news.teranews.com>,
"Edwin" <crab@pple.com> wrote:

> >> >> You may think so, but I'm using any picture frame I want to.
> >> >
> >> > That's because the particular terms under which you purchased that
> >> > photo
> >> > don't preclude it.
> >>
> >> That's because nobody could enforce such terms.
> >
> > They absolutely could.
>
> No they couldn't.

Yes, they could. When you buy a picture from a photographer, he can
place restrictions on how you use it.

>
> >>
> >> > Now answer my question:
> >> >
> >> > Can you use a picture license for use in one magazine in an entirely
> >> > different one?
> >>
> >> No, but what does public display and distribution of pictures have to do
> >> with running software on a personal computer for oneself? Your
> >> analogy
> >> makes no sense.
> >
> > It makes perfect sense.
>
> No it doesn't.

LOL

>
> > Intellectual property is *licensed*.
>
> I see you have to drop back to an abstract level. Distribution of pictures
> are not license by opening the package they come in. They're not licensed
> by some text included with them that says if you use them you agree to
> certain terms.

How does dropping back to an abstract level change anything? Most
pictures aren't licensed that way, I agree. But buy a bunch of stock
images and see if you can violate the terms of their licensing.

>
> You have to agree to the terms of
> > the license unless those terms are in violation of the law of the land.
>
> Now you're starting to get it, in the last part of your sentence. Only
> terms the law allows can be enforced.

So show a law that disallows the terms under discussion; you claim one
exists.

>
> > You've yet to show a single thing that indicates that Apple's license is
> > in violation of anything.
>
> Since I never claimed they were in violation of anything, I have no need to
> show anything.

So if Apple's terms aren't in violation of any law, how is it that you
claim that they are unenforceable on anyone?

--
Alan Baker
Vancouver, British Columbia
<http://gallery.me.com/alangbaker/100008/DSCF0162/web.jpg>


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