On Fri, Apr 25, 2008 at 11:53:52AM -0700, Richard Reynolds wrote: > On Fri, 25 Apr 2008, John Oliver wrote: > >A) How can they prove to a court that I have the software that is > >covered by their EULA before searching? And, if they claim I have > >"pirated" their software, how can they claim that I'm covered by the > >EULA? > > Your working off the assumption that M$'s software didnt call home, detect > it was pirated, then start sending everything you ever do/did to M$ which > can be presented in court. and what it sent is probably kept confidential. > there is a big difference between investigate and any potential charges.
MS claiming they received some "electronic signal" is not proof of anything, nor is it grounds for issuance of a warrant. > >B) Just because something is in a contract > > >(*especially* an EULA, which is on very shaky legal ground) > shaky granted but I dont want to go bancrupt just to prove I didnt steal > that copy of whatever. Why should the burden of proof be on you? > >You cannot "sign away" your Constitutional rights in a > >contract. > sure you can you probibly do it all the time, just mostly minor things. No, you cannot. You cannot sign yourself, or your kids, into slavery. Non-competes are regularly tossed out. You cannot agree to be subject to unlawful acts. The things that can be regulated by a contract are not Constitutional rights. > >The Fourth Amendment does not apply to private entities, but > >that doesn't mean that any private entity can conduct an "unlawful > >search and seizure" of any other private entity. > 15 seconds after they have some proof its no longer unlawful. the level of > proof is also not the same as for a gov. entity There is no different standard of proof... they have to get a law enforcement agency to serve a warrant. In theory, that means that the standard of proof must be the same as if the LEOs were going to serve the warrant on a murderer or drug dealer... they have to have actual evidence of wrongdoing that meets a legal standard. Of course, we know that process is regularly abused... look at what happened to Stephen Carlson. -- *********************************************************************** * John Oliver http://www.john-oliver.net/ * * * *********************************************************************** -- [email protected] http://www.kernel-panic.org/cgi-bin/mailman/listinfo/kplug-list
