Ok, so this has nothing to do with Linux but I figure if anyone can answer this question about computer software in Israel, its all of you :)
I am a legal user of Babylon Translator. My license is close to expiration. Today I received an e-mail from their sales department saying that my license is being illegally used on several computers. If I renew my license in the next week, they'll "forget about it", and if I don't, they will take "the necessary action". I'm no legal expert, but I'm pretty sure that in the US atleast, collecting personally identifiable information without express consent is illegal. Making legal threats that can't be backed up (i.e. if the means used to collect the info is illegal), is illegal. Both of these are adequate grounds for a class action suit against the company involved. In any event, trying to get your users to renew their licenses by threatening them is dubious at best. I had a look at the EULA of the version I installed, and at the privacy statement on their website. Both have very loosely defined clauses which could legitimize what they are doing. I don't think it would hold up in a US court but I have no idea how Israel works. I do know that false threats in Israel are illegal (like when the IBA forced people to pay their TV licenses by threatening to impound their cars, were sued and had to return all the money plus damages). Is my best bet to simply renew my license? I was going to do this anyway, but i DO NOT appreciate threatening emails bullying me into making a purchase. Or is this worth pursuing? not that I have spare cash for legal battles, but... you know. Thank you! Gadi Refs: The e-mail I received: http://wastelands.net/dragon/babylon.html The EULA I agreed to: http://wastelands.net/dragon/babylon-eula.txt Babylon privacy statement: http://www.babylon.com/display.php?id=62&tree=145&level=2 >From the above EULA: "IMPORTANT NOTE: For the removal of doubt, Babylon.Com may send to Licensee’s hard disk, from time to time, instructions, such as pings and other commands, which allow Babylon.Com to terminate the use or operation of the Product. In addition, Babylon.Com may use cookies during the purchase process and the use of the Product by You. " >From the privacy statement: "b. Babylon checks for the following information when using Babylon software: your operating system, Babylon Software version, browser version, connectivity, and information regarding your use and the configuration of the Babylon Software ("Parameters") . Parameters are collected in order to provide you with the Software and Services subject to the provisions of this privacy policy hereof and of the Babylon's License Agreement (the "License"), as well as in order to verify that the terms and conditions of the License are not being violated;" "c. Babylon gathers information related to our users' use of the our Software (''Usage Patterns'') to better understand how such users, as a group, use the software and the various features thereof, as well as to help Babylon tailor offerings to user groups with specific profiles, and to conduct market research. The Parameters and the Usage Patterns may be used in the aggregate for commercial purposes, including without limitation, for marketing, co-registration to other services, promotional activities or any other activity, including, without limitation, the protection of Babylon's proprietary and other rights all subject to the provisions herein." -- Gadi Cohen aka Kinslayer <[EMAIL PROTECTED]> www.wastelands.net Freelance admin/coding/design HABONIM DROR linux/fantasy enthusiast KeyID 0x93F26EF5: 256A 1FC7 AA2B 6A8F 1D9B 6A5A 4403 F34B 93F2 6EF5 ================================================================= To unsubscribe, send mail to [EMAIL PROTECTED] with the word "unsubscribe" in the message body, e.g., run the command echo unsubscribe | mail [EMAIL PROTECTED]
