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5

Adobe Inc is a Delaware incorporated corporation, so we should look at United States copyright law. We can assume that all source code written for Macromedia Flash were works for hire and thus the author to be considered Adobe itself. Title 17 of the United States Code § 302 (c) states: In the case of an anonymous work, a pseudonymous work, or a work made ...


1

By definition, any legal matter is that which is bound by, permitted and written in law; since Microsoft's user has allowed "Microsoft to install software without" (additional) "user approval" (refer to Microsoft's software end user licence agreement), the act is legal. This is akin to someone not trespassing on property when invited onto ...


1

Dark Patterns are what the term is for those wilfully-misleading user interfaces like e.g. (Microsoft?) Google and Facebook's Privacy controls, Microsoft's update system assuming consent so casually, etc. No-one reads the EULA because it is too long and complex. Informed consent is a concept in law as well as implied contractual terms and opt-in opt-out are ...


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This is a challenging license, because it is so unclear. If this were to go to court, the primary issue is likely to be "what exactly is allowed?". As I suppose you know, nobody can copy anything of yours unless you give them permission. I cannot figure out from this what acts you intend to permit. The courts will follow some interpretive procedure ...


73

Unauthorized access to a computer is a crime in most parts of the world However, Microsoft's access is not unauthorized (my emphasis): Updates. The softwareperiodically [sic] checks for system and app updates, and downloads and installs them for you. You may obtain updates only from Microsoft or authorized sources, and Microsoft may need to update your ...


2

What does the contract say? If there is a term in the contract about the timeliness of appearing in the catalog, are they in breach? If there isn’t such a term, then there is an implied term that obligations will be done in a reasonable time. What’s reasonable depends on the circumstances. If they are in breach, what does the contract say the consequences ...


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could I claim that my product must be added asap? And is it reasonable to ask for compensation for the missed revenue due to pushing back the launch? Unfortunately, no. Your description reflects that you consciously treated as sufficient the limited knowledge you had at the formation of the contract. See Restatement (Second) of Contracts at §154(b). There ...


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Which license agreement are you referring to? I found this one: https://visualstudio.microsoft.com/license-terms/mt644918/ And by the looks of it, you can use it. INSTALLATION AND USE RIGHTS. One user may use copies of the software to develop and test their applications. They updated how to use C++ build tool with VS Code and added this note: Note: You ...


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This question is somewhat answered here: A commonly discussed scenario where implied licenses are destined to play a major role is on the World Wide Web. When a Web page is viewed in a Web browser, the page is downloaded through the Internet and placed on the user's screen. It is clear that a copy of the Web page is being made by the user. It is also clear ...


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Copyright restricts making copies, it does not restrict using copies you legally have When I buy a book, I’m allowed to read it, put it on my bookshelf, take it off the bookshelf and put it on my coffee table, take it from there and lose it under the seat of my car etc. what I’m not allowed to do is copy it. When I access a web page, I’m allowed to display ...


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Under the GDPR, you are required to take "technical and organizational measures" to safeguard the privacy of your users. You are allowed to have admins who can read the messages. You cannot allow them to do it on a whim, or to satisfy their curiosity. You can allow them to do it to resolve technical issues. I don't know what you can allow your ...


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If you haven't disclosed to your users that you are willing and able to arbitrarily read any "private conversation," as you put it, I think it would be fair to say that the users haven't consented to that kind of access to their messages. If that's the case, I think you'd want to look at 18 U.S. Code § 2511, which imposes criminal sanctions on ...


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Is the act of "selling a license" via a contract considered licensing the contribution under the terms of said contract? Yes, it is. Giving someone a license is called "licensing". No matter if you do it for free or in exchange for something. The section of the CLA template you quoted is meant to prevent exactly the thing you plan to do: ...


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