LancePierce posted:
"Legally I have the right to put any restrictions on the use of that product I wish (but not on the use of other products)."
Any restrictions? So you can say that if the player is a Puerto Rican female (not necessarily physically in Puerto Rico), that the player may not use your software?
I'm not trying to write a book, essay or law so I reserve the right not to spell out every nit-picky detail. I did state later in the same message "
es, license terms CAN be trumped by state laws in VERY specific instances, but in general the power is in the hands of the creator. I doubt you will find any laws that invalidate my license agreement.".
Legally I can put the restriction that blacks cannot use my software (to push the true hot button) and this is a case where it would most probably be trumped by state/federal anti-discrimination laws. On the other hand, I COULD restrict distribution from those areas that would actually have the unmitigated gall to sell It! to a black person, and that would be perfectly legal.
The Sony case IIRC included sending that information back to Sony, breaking privacy laws. Inspecting your computer to make sure it meets minimum standards is perfectly legal. AC checks that you have D3D installed, Decal validates that you have AC installed and refuses to run if not. Microsoft Office Upgrade edition checks your computer to see if an 'eligible' product is installed, and takes appropriate action.
Any such action I took with It! would a) not interfere with the normal use of your computer b) not interfere with your running of any other piece of software and c) not report it's findings.
Ultimately, there are a LOT of 'what ifs', and its not worth anyones time to try to discuss them all. Bottom line, my EULA is valid in the USA. The type of enforcement I've considered is legal in the USA. Like any EULA, there are special situations, and when people ask, I will try to clarify how I would apply it in that situation, and the thought process behind that.
In the case of this EULA the basic thought process is this. I do not want It! to support combat macroing in any way. At a minimum, I do not want It! installed on a machine that has combat macro capable software installed. I do not want products created by It! to be used in combat macroing.
If people disagree with my EULA, they are free to use any other software or plugins they choose, or may even write their own.
Bottom line...It! is mine, I have not given up rights on It!, I choose to allow others to use It! at no charge under specific conditions. I accept donations NOT as payment or registration of the software, but as a 'thank you' gift for those that believe in tangible 'thank you's. Donations give you NO additional capabilities or rights with It!
If you have specific questions on how the EULA should be applied in your specific circumstances, I'll happily respond to them. I think I'm finished with all the general 'what if' scenarios.
