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 | | | Second Life 's customers own the IP of their creatio ns | Second Life 's customers own the IP of their creatio ns 2003-11-27 - By Ola Fosheim Grøstad
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"Ren Reynolds" <ren@(protected)> writes:
> argument). I don't however think that these arguments are based on
> one having to actually sign a piece of paper - a contract is just
> an agreement between two parties in general it does not even have
> to be written down, but of course is if one party wants to enforce
> it, it's a jolly good reason to write it down. I think that the
> click wrap cases are more about access to information before
> purchasing the product, which does apply here, but I guess you
> could take the box back, if however you keep playing and generate
> what you take to be your IPR then I think the argument would be
> hard to run.
These things will vary between different countries, so I personally
feel that this is a rather useless discussion... Anyway, one thing
is for the developer to restrict use or limit responsibility for
effects of using his software. Granting yourself rights to what
others produce when they happen to use it, is something
else. Imagine a Hotel demanding a percentage of an author's
royalties, because his book was written on their premises... I doubt
this would stick in court even if you manage to get a tired guest
sign a paper that says so when he is booking a room.
If mose users don't read EULAs then it seems reasonable that any
conditions that is deviant from common practice (in Norway, common
practice gives you rights, for instance for returning products to a
store) would have to be made clear to the user even if he doesn't
carefully read the EULA. In the end, I think you will find that in
these cases you are more in a field of culture, i.e. what a national
jury finds reasonable, than a field of legal practice.
--
Ola - http://folk.uio.no/olag/
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