From: s1113645@tesla.cc.uottawa.ca
Date: Sat, 2 Dec 1995 04:00:15 +0800
To: cypherpunks@toad.com
Subject: I Agree buttons, GAKzilla & liability.
In-Reply-To: <Pine.BSF.3.91.951201085245.27648C-100000@mercury.thepoint.net>
Message-ID: <Pine.3.89.9512010932.A35746-0100000@tesla.cc.uottawa.ca>
MIME-Version: 1.0
Content-Type: text/plain


On Fri, 1 Dec 1995, Brian Davis wrote:

> Well that would depend on the terms of the agreement to hold the escrowed 
> keys, wouldn't it?   And presumably the GAK keyholder will have lawyers 
> write the agreement so that it says, in essence, "we will try really 
> really hard not to let the keys out, but if they get out, our only 
> liability if to say 'Ooops' followed by a heartfelt apology!"

<IANAL>
This sounds like the fine print you "agree" to by opening commercial software
packages. Hasn't this been found void in a couple of places? The "OK"  or 
"I Agree" buttons I'm forced to press (but you don't *have* to download 
software, nya,nya,nya...) when downloading wares also comes to mind.
Has this been tested in a court? (Sega's reverse engineering suit from 
a while back comes to mind)

Pressing buttons is hardly the same as your notarized handwritten signature
on paper (we prefer blood, it's more permanent), or its digital equivalent.
Mere tokenism, not insurance. 
</IANAL>

About JR's concern about Netscape's shareholders, they're playing a bubble
market and they know it. I wish them all the money and luck; luck is 
something they're gonna need if this is to go on.

Ps. Netmanage websurfer ain't so bad, hint, hint, hint (detraction time 
netscape).