Re: unisys and licensing

by "The Web Center" <admin(at)webctr.com>

 Date:  Mon, 6 Sep 1999 07:45:42 -0400
 To:  <hwg-basics(at)hwg.org>
 References:  texas
  todo: View Thread, Original
Let's simplify.

First, I do not stand in the way of anyone legally collecting their just due
for their work.  If these people have created something, then they should be
able to capitalize on it.  If the users don't like the price, don't use the
product.

That having been said, I own a licensed copy of Macromedia Fireworks that I
use extensively, as well other popular graphics programs.  If I get a note
in the mails saying something like "we think you are using unlicensed GIFs",
my return note will say "I made them all in Fireworks".

Case closed.

As a defendant, I need only (in the US) establish reasonable doubt...not
retrace my every step since opening by business doors.  In the case below,
which is the most tangled issue of the entire mess, I can see problems with
verifying the history of the entire mess.  I can't see liability, though,
because the only proof legally required right now (that I am aware of) is
the owner's or previous webmaster's statement that they made them all with a
licensed application.

There is no way I know of to prove the origin of a GIF built into the file's
code.  Therefore, there is no reasonable way to prove non-compliance.
Therefore, there is going to be one unhappy judge who has to preside over a
trial in which a 100k/year freelancer has to play 20 questions that will
obviously end up going nowhere.

So, I don't worry.  I paid good money for my software, and I am in
compliance to the best of my knowledge.  Beyond that, if this company wants
to avoid a counter-suite (this *is* the US, after all...), then they will
think twice about taking me or any other small business to court.

How could they prove it?

D

----- Original Message ----- >
> It was last revised on July 1999.
>
> Hmm, makes me wonder. If we inherit a large site to maintain with lot's
> GIF's, are we liable for those GIF's?
>
> [[[[shudder]]]]
> --
>
>
> Jim Tom Polk -:- jtpolk(at)texas.net -:- http://camalott.com/~jtpolk/

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