[SWLUG] Kindle Warning?

[Neil Greenwood]

On 15 November 2010 16:26, Neil Jones <neil at nwjones.demon.co.uk> wrote:
> On 15/11/2010 13:15, Gerald Davies wrote:
>> On Mon, Nov 15, 2010 at 13:09, Neil Jones<neil at nwjones.demon.co.uk>  wrote:
>>> I'm sorry but I'm not privatising the contents of my mind like this.
>> Is this to be an empathy test? Capillary dilation of the so-called
>> blush response? Fluctuation of the pupil. Involuntary dilation of the
>> iris...
> ???

I think it's a reference to a lie-detector test. :-)

> Perhaps I should expound further on this non-commercial use bit.
> Supposing I download some excellent works on Mukkinese Battle Horns and
> become an expert
> on them. If I am then paid to give a lecture or too write a book myself
> I can't because I have agreed
> not to use my books and consequently the bit of my brain that holds
> those memories for commercial use.
> Because some goon :-) at Amazon might stop me.
> This is just bonkers. It applies just as well to any computer subject.
>
> Now maybe some people don't get this. If you are an inventive person
> like me restrictions on your intellectual endeavours seem
> highly disturbing. This is a serious consequence of Digital Restrictions
> Management.

I agree it's bonkers. DRM is bonkers, in my opinion.

But, just because it says something in the license agreement, it
doesn't mean that a court will uphold it. That's why license
agreements tend to say something like "If one of these provisions is
found to be invalid, the remainder are not affected." otherwise
they're scared that a court will invalidate the whole agreement
because of one clause.

I would speculate that a court would interpret the non-commercial
clause quite narrowly, if it does find that it's valid. I.e. you
cannot look at the text directly in a commercial setting, but using
the knowledge you've gained in a commercial setting after the fact
would be permissible under the license.

I'm not a lawyer though, and I haven't looked to see if there's
precedent in this area (UK/US common law relies on precedent quite a
lot, in case you don't know). If you might be affected, take legal
advice.


Cofion/Regards,
(the other) Neil.