[NCLUG] local end-user support

[Chad Perrin]

On Thu, Nov 08, 2007 at 08:09:10AM -0700, Brian Wood wrote:
> Sean Reifschneider wrote:
> 
> > 
> > People who think for a second they are going to be able to successfully sue
> > an Oracle or Microsoft over software performance issues are just dreaming.
> 
> I agree, especially the way licenses are written.
> 
> It's like the "contract" on the back of one of those old Western Union
> telegrams (which you were agreeing to by paying for their services).
> 
> It said the company would "attempt" to deliver your message, by whatever
> method the company, at its sole discretion, deemed appropriate.
> 
> So if they scotch taped it to an ailing pigeon, or even shouted (or
> whispered) it out a window, they had met their obligation.

Actually . . . there's some wiggle room for those who have been wronged
(such as by scotch-taping your WU telegram to the back of an ailing
pigeon) via the concept of "good faith".  If you can "prove" the
defendant did not act in "good faith", you've probably got a courtroom
win.  That's why the "little guy" can get nailed in court when being sued
by a massive corporation even if he provided the decision-makers at the
massive corporation with a contractual agreement that basically
indemnifies him against everything up to and including "wrongful death".

The problem is that you have to have better lawyers than the other guy to
make any productive use of that "good faith" wiggle room.

-- 
CCD CopyWrite Chad Perrin [ http://ccd.apotheon.org ]
McCloctnick the Lucid: "The first rule of magic is simple. Don't waste your
time waving your hands and hopping when a rock or a club will do."