Mac wrote:
> One of the bloggers pointed out that in the USA, breach of copyright can 
> be a criminal offence as well as a civil one
>   
There was a proposal to make such a thing criminal in Europe, but AIUI, 
it got rejected by the European Parliament earlier this year!
> Do you (or Matthew) know whether this might actually have any relevance 
> to Microsoft's liability?
>   
AIUI, it's relevant inasmuch as it might stop Microsoft delivering the 
support it had sold... thus causing MS to breach the contract with the 
party who had bought the support voucher. That failure to deliver could 
be a breach of contract on MS's part, but if I were MS I'd enjoin Novell 
as a defendant.

Actually, I'd probably enjoin the programmer who had changed the 
licencing terms of their product, but only because it'd be a neat way of 
confusing the issue, not because I actually thought it would be 
credible. My experience in court has been a bit jaded - I've appeared as 
a witness (and was complimented by the judge!) but was shocked at the 
dirty tricks the lawyers played.

Matthew, BTW, is rather more of an expert than I am in contracts - if 
anything he says contradicts what I've said, then please assume that it 
is I who have got it wrong.
> Best wishes
>
> Mac

Regards,

Mark

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