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LinuxWorld: Meet the Perens Part 2

Jan 23, 2003, 01:00 (0 Talkback[s])
(Other stories by Joe Barr)

[ Thanks to Joe Barr for this link. ]

"LW: Let's say that I, as a hot-headed journalist, wanted to see the Texas Legislature enact new legislation that would make EULAs subordinate to the constitution and not the other way around. Where customers could not be assumed guilty and have to prove their innocence, but rather enjoy the normal way of things under the law. How could I motivate you and other lobbyists to encourage such a thing?

"Perens: You know, that is an interesting question. We have jackbooted federal marshals accompanying the BSA into your company to audit them. But first of all, contracts are still governed by state and federal law, and there is still an assumption of innocence until proven guilty.

"What is happening is that through various legal 'gotcha's' that are incorporated in the EULA, or in things that are deceptively sent to companies, they are getting a company to waive a legal right: the right to privacy..."

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