Wanted: Flash player for <browser_of_choice>....

Greg Barniskis nalists at scls.lib.wi.us
Wed Apr 12 16:09:00 UTC 2006

Andy Greenwood wrote:
> On 4/12/06, Paul Schmehl <pauls at utdallas.edu> wrote:
>> Ashley Moran wrote:

>> Petition?  How about we sue them?  How can a vendor dictate what
>> platform they allow their software to run on?  Just because they
>> designed it for some other OS doesn't mean, if I can figure out a way to
>> make it work, that they can tell me I can't run it on that platform.
> With the Current EULA, that's exactly what they CAN do

Indeed they can, and at least in the U.S., commerce law basically 
backs their rights to be total asses about it if they so choose. 
It's their intellectual property and you must toe their line on 
their terms, whatever the terms. Pulling it from ports was the only 
logical short-term response to this silly restrictive language.

> I'm not a lawyer either, but frankly I think their EULA is unenforceable
>> and their attitude ought to cost them customers.

They don't really need to enforce it themselves. The Business 
Software Alliance will gladly descend on suspected violators of any 
commercial software EULA with a horde of lawyers and auditors and 
fines in the 5-6 figure range per violation. Would they, in the case 
of a lone user who's just trying to browse the Web? Probably not, 
but stranger things have happened (RIAA, Sony DRM, etc.).

FWIW, I don't really care if this gets resolved. I'd estimate 95% of 
Flash content I'm exposed to is somewhat-to-totally undesirable (way 
too animated ads), and the remainder's value is mainly just 
entertainment-oriented and not so precious that I'd really fight for 
it. On the other hand, I'd applaud anyone who does fight it, on 
principle alone. It's a bad EULA, 'nuff said. Good luck!

Greg Barniskis, Computer Systems Integrator
South Central Library System (SCLS)
Library Interchange Network (LINK)
<gregb at scls.lib.wi.us>, (608) 266-6348

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