[Ecommerce] The most ambitious user agreement
Jeff Williams
jwkckid1@ix.netcom.com
Wed Feb 11 13:54:01 2004
Manon and all,
Yes the copyright they show are indeed absurd. I also think that some
of the US gov is proposing are just as absurd.
As to any suggestions, at this juncture, I really don't have any good
suggestions that would be taken seriously due in part to the heightened
political tenor now being displayed in various sectors. Hence I can only
stand by my and some of our members feelings and perhaps subsequent
actions in my previous remarks, sad as that may seem. But thanks Manon for
asking. >:)
I believe that about 6 years ago now I suggested to the DOJ and
the legal eagles over at the USPTO that the whole Lanham Act
needed a very in depth overhaul. It now seems even more necessary
or advisable. However at the time, it was considered a suggestion
that was wacko in some sectors...
Manon Ress wrote:
> To be fair: they're trying to comply with copyright laws that they show
> are totally absurd. They say they're looking for "better language" any
> suggestions?
>
> Jeff Williams wrote:
>
> >Manon and all,
> >
> > Well it looks like I will need to avoid this web site entirely. I shall
> >also be recommending all of our members to consider doing likewise
> >as well as avoiding doing business now or in the future with the
> > Central Pacific Railroad or require in any contract or business
> >with them, to rescind this egregious and "ambitious" user agreement.
> >
> >Manon Ress wrote:
> >
> >
> >
> >>FYI "the most ambitious web site user agreement of all time
> >><http://www.cprr.org/Museum/legal.html>, from the home page
> >><http://www.cprr.org/> of the Central Pacific Railroad Photographic
> >>History Museum"
> >>http://research.yale.edu/lawmeme/modules.php?name=News&file=article&sid=1319
> >>
> >>Chek it out at: http://www.cprr.org/Museum/legal.html
> >>
> >>Some highlight":
> >>
> >> "All other access, use, disclosure, reproduction, delayed use,
> >> reduction to human-perceivable form, printing, copying or saving of
> >> digital image files or other content, reformatting, file sharing,
> >> downloading, uploading, storing, posting, mirroring, archiving,
> >> recording, distributing, redistribution, repurposing, modification,
> >> rewriting, manipulation, creation of derivative works, translations,
> >> or products, licensing, sale, transfer, display, public performance,
> >> publicity, broadcast, televising, reporting, publication (in whole
> >> or part) or transmission whether by http, ftp, electronic mail or
> >> any other file transfer protocol, and whether by electronic means or
> >> otherwise, or use by other than individual scholars, or commercial
> >> use requires prior written permission of the rights owner(s) and
> >> payment of a fee, and severe penalties apply for theft and
> >> unauthorized publication, which is also a crime."
> >>
> >> "You agree that your use of this website is *irrefutable*
> >> acknowledgment by you that you have read, understood, and agreed to
> >> each and every term and provision of this User Agreement . . . ."
> >> (emphasis added).
> >>
> >> "You stipulate, warrant and agree that you will not . . . challenge
> >> or dispute validity of our copyright."
> >>
> >> "The application of the United Nations Convention on the
> >> International Sale of Goods is expressly excluded."
> >>
> >> "You are warned that computer viruses can be transmitted via e-mail,
> >> so the recipient of any e-mail should check it and any attachments
> >> for the presence of viruses."
> >>
> >> "[Y]ou should print a paper copy of this User Agreement . . . ."
> >>
> >> "Time is of the essence hereof."
> >>
> >> "If you want permission, we sincerely hope that you don't get scared
> >> off by all this legalese and give up!"
> >>
> >> "Telephone calls placed in disregard of the foregoing will be
> >> charged at two hundred fifty dollars per telephone call."
> >>
> >> "Licensee acknowledges that 19th century images such as 3 1/2"
> >> stereograph albumen prints are of limited resolution and are
> >> generally degraded, containing various imperfections of image and
> >> mount due to aging, and damaged, including but not limited to
> >> foxing, spotting, chipping, cracking, abrasion, folding, tearing,
> >> gouging, emulsion loss, soiling, staining, glue streaking,
> >> discoloration, motion blurring, darkening, and fading (often uneven
> >> in degree over various parts of an image), and acknowledges that
> >> images rescanned or photoduplicated from the original as a result of
> >> its request may require additional processing or restoration."
> >>
> >> "Additionally, in the event that your actions in violation of this
> >> User Agreement result in our being deprived of our exclusive rights
> >> . . . you agree to pay us liquidated damages in the amount of five
> >> million U.S. dollars . . . ."
> >>
> >> "Please read this Legal Notice of Infringement which applies to you
> >> only if you have violated this User Agreement, or made any use of
> >> this website in any way not specifically authorized and permitted
> >> herein, in which case you acknowledge timely receipt hereof, which
> >> you agree is sufficient notice, at such time as you commenced
> >> violation of this User Agreement."
> >>
> >> "You further assume the risk that certain historic subjects,
> >> accidents, attitudes, and stereotypes and descriptions or depictions
> >> thereof, some graphic, may prove to be disturbing and that warnings
> >> and rating filters relating to such content may be absent or
> >> ineffective."
> >>
> >> "Access to or use of this website in any jurisdiction that does not
> >> allow the exclusion of implied warranties is strictly prohibited."
> >>
> >> "You agree to immediately notify CPRR.org by e-mail of any errors,
> >> historical inaccuracies, technical problems, typographical errors,
> >> broken links, incorrect or missing citations, proprietary content
> >> included without required permission, or any other defects or
> >> deficiencies which you discover on this website . . . ."
> >>
> >> "Force Majeuere: Additionally, in not in limitation of the forgoing,
> >> we shall not have liability for any failure or delay resulting from
> >> any condition beyond our reasonable control, including but not
> >> limited to illness, governmental action, or acts of terrorism,
> >> earthquake or other natural occurrences, labor conditions, or power
> >> failure."
> >>
> >> The parties hereto agree and stipulate . . . that such images are
> >> not in the public domain, that this website is a compilation
> >> posessing originality with new material added, and that copyright
> >> law does not preempt contract law."
> >>
> >> "In the event that you are a governmental entity, you waive
> >> sovereign immunity and further stipulate and agree that any use of
> >> this website or its content, except as permitted herein, shall
> >> consitute a taking requiring just compensation as set forth herein."
> >>
> >>--
> >>Manon Anne Ress
> >>Consumer Project on Technology
> >>www.cptech.org
> >>PO Box 19367, Washington, DC 20036
> >>manon.ress@cptech.org, voice: 1.202.387.8030, fax: 1.202.234.5176
> >>
> >>_______________________________________________
> >>Ecommerce mailing list
> >>Ecommerce@lists.essential.org
> >>http://lists.essential.org/mailman/listinfo/ecommerce
> >>
> >>
> >
> >Regards,
> >
> >--
> >Jeffrey A. Williams
> >Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
> >"Be precise in the use of words and expect precision from others" -
> > Pierre Abelard
> >
> >"If the probability be called P; the injury, L; and the burden, B;
> >liability depends upon whether B is less than L multiplied by
> >P: i.e., whether B is less than PL."
> >United States v. Carroll Towing (159 F.2d 169 [2d Cir. 1947]
> >===============================================================
> >Updated 1/26/04
> >CSO/DIR. Internet Network Eng. SR. Eng. Network data security
> >IDNS. div. of Information Network Eng. INEG. INC.
> >E-Mail jwkckid1@ix.netcom.com
> >Contact Number: 214-244-4827
> >
> >
> >
> >
> >
> >
>
> --
> Manon Anne Ress
> Consumer Project on Technology
> www.cptech.org
> PO Box 19367, Washington, DC 20036
> manon.ress@cptech.org, voice: 1.202.387.8030, fax: 1.202.234.5176
Regards,
--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
"Be precise in the use of words and expect precision from others" -
Pierre Abelard
"If the probability be called P; the injury, L; and the burden, B;
liability depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
United States v. Carroll Towing (159 F.2d 169 [2d Cir. 1947]
===============================================================
Updated 1/26/04
CSO/DIR. Internet Network Eng. SR. Eng. Network data security
IDNS. div. of Information Network Eng. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
Contact Number: 214-244-4827