Re: unisys and licensing

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

 Date:  Mon, 6 Sep 1999 10:31:50 -0400
 To:  <hwg-basics(at)hwg.org>
 References:  jaderiver
  todo: View Thread, Original
I actually did wonder about this when I wrote that post.  Thank you for
clarifying this difference between the two types of law...:).

I guess the bottom line here is motivation.  I think it would be a losing
case for them, considering the fact that I can produce a license for the
software I use.  Therefore, they would be risking action from me in return,
plus the publicity factor as mentioned earlier.  Were I feeling as though I
was in the wrong here, I might be worried.  Since I feel I am totally within
legal compliance however, you will note a certain indignation in my
replies....:).  Since this company has made no move to interfere with my
daily business, it's probably unfair to paint it as a villain.

All I can do is show the license.  If it's not good enough, I'll pull the
images, and work around them.

And do my small part to let every single Web Developer, Imaging Software
manufacturer, and their remotest family members know what trouble using this
format can cause.

I would guess that this is *not* the effect they are trying to achieve...:).

I guess my point is that I can't see any way this would make sense from a
marketing standpoint for them.

Darrell

----- Original Message -----
From: Duif Calvin <duif(at)jaderiver.com>
To: The Web Center <admin(at)webctr.com>; <hwg-basics(at)hwg.org>
Sent: Monday, September 06, 1999 9:44 AM
Subject: Re: unisys and licensing


> In the US, "reasonable doubt" applies to CRIMINAL cases.  In civil cases
> (which is what patent/copyright infringement is), the test is
> "preponderance of the evidence."
>
> In other words, it's somewhat the reverse of criminal law. I'm not
> disagreeing with the rest of your post, but this is an important
> distinction for anyone running a business ro know.
>
> See for example:
> http://aj.encyclopedia.com/articles/04306.html
> http://www.auburn.edu./~suttoda/propev.htm
>
> Just as importantly, many small businesses have been astonished to find
> judges issuing injunctions which prevented them from using the items in
> dispute until the case was settled--even when they substantially impacted
> daily operations.
>
> American television and fiction tends to dramatize criminal cases, which
> leads many small business owners to think they understand how the law
> works--only to discover that it's very different when it's day to day
civil
> matters. I took a short course on business law offered by a local Chamber
> of Commerce and was quite amazed the differences between civil law and
what
> I thought I knew.
>
> Regards,
> Duif

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