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Voyager 04-20-2011 08:21 AM

Quote:

Originally Posted by zipper (Post 268138)
Just a funny story:

There was a guy here in California who had his license mistakenly (DMV admitted as much) revoked but the guy made such a stink about it the DMV decided not to extend this privilege to him for an undetermined period of time (that'll teach him - lol). The guy took the DMV to court where the judge ruled that the state could not withhold the ability of a citizen to drive without just cause, thereby ruling that the privilege to drive is in fact a conditional right to drive which cannot be denied as long as one meets the requirements for qualification.

And, yes, rights can be forfeited ... that's what prisons and gallows are all about.


:D

Right isn't really the correct term for it. What you are looking for is equal protection under the law. What that means is that once the legal standards for a license have been set, they must be applied to all people equally. A government cannot simply say that is you meet X, Y, and Z, you can do Thing A, and when you show that you meet X, Y, and Z, turn around and say, well for you, you need to do thing W too, without having already mandated everyone else do thing W too.

With out that equal protection under law, we cease to be a nation of laws, and our lives are held at the whim of whichever official we happen to be dealing with at the moment.

Triggaaar 04-20-2011 09:14 AM

Quote:

Originally Posted by Blackdog_kt (Post 266722)
Because EU consumer law treats software more or less as physical purchases, like a car or a toaster: you buy it, you use it, you can resell it, etc.

EU consumer law still allows for contracts and terms and conditions, and if you agree to those T&Cs you can be bouned by them. There are all sorts of things that can go into T&Cs - like if you go to a casino and are caught cheating, they take all of your money off you - sounds fine, but if you then go back there later and hand over money for chips, they take your money then ask you to leave, keeping your new money too, because you accept that in the terms & conditions.

Quote:

it's just that none of us can afford to take a publishing house to court over disputes in their EULAs.
Sure you can, a game doesn't cost much and you can take them to the small claims court, represent yourself and pay a £15 (or so) fee. They're hardly going to waste thousands on a legal team if you're in the right.


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