On Fri, 1 Dec 1995 s1113645@tesla.cc.uottawa.ca wrote:
On Fri, 1 Dec 1995, Brian Davis wrote:
Well that would depend on the terms of the agreement to hold the escrowed keys, wouldn't it? And presumably the GAK keyholder will have lawyers write the agreement so that it says, in essence, "we will try really really hard not to let the keys out, but if they get out, our only liability if to say 'Ooops' followed by a heartfelt apology!"
<IANAL> This sounds like the fine print you "agree" to by opening commercial software packages. Hasn't this been found void in a couple of places? The "OK" or
"I agree" that shrinkwrapped licenses are problematic, at best. I don't think the analogy applies, though. Maybe I'm mixing threads up, but I thought the topic was "Why would anyone agree to escrow keys commercially -- given the high risk if the keys get out?" If that is the topic, then the keys would be escrowed by one of two parties: the software developer or the customer. If the customer does it, through an active act on his part, then no problem -- he's expressly consented (not a "shrinkwrap license" problem in my view if he send them his key ...). If the software developer gives the key to the C/GAK escrow agent, then all that should be necessary is to warn the consumer that there is a backdoor through the escrowed key. Then the consumer can buy the product or not, but knows what he is getting so can make a choice. As long as the escrow aspect is not hidden, I don't see any fraud. The remedy is the marketplace. It is a long fall from $5,000,000,000 ... EBD
"I Agree" buttons I'm forced to press (but you don't *have* to download software, nya,nya,nya...) when downloading wares also comes to mind. Has this been tested in a court? (Sega's reverse engineering suit from a while back comes to mind)
Pressing buttons is hardly the same as your notarized handwritten signature on paper (we prefer blood, it's more permanent), or its digital equivalent. Mere tokenism, not insurance. </IANAL>
About JR's concern about Netscape's shareholders, they're playing a bubble market and they know it. I wish them all the money and luck; luck is something they're gonna need if this is to go on.
Ps. Netmanage websurfer ain't so bad, hint, hint, hint (detraction time netscape).
Not a lawyer on the Net, although I play one in real life. ********************************************************** Flame away! I get treated worse in person every day!!