🚀 go-pugleaf

On Tue, 6 Oct 1998 13:17:14 GMT, john@dhh.gt.org wrote:

>Axel Boldt writes:
>> Why should the relationship between employee - corporation be differently
>> structured?
>
>Because the two parties find it in their mutual interest to make it so.
>The Microsoft license you refer to is not written into law: it is what
>Microsoft choses to offer and you chose to accept.  You are free to

copyright and license agreements are two seperate things.  

The average shrink wrap license is what is called a contract of
adhesion and is of dubious enforceability.  The average consumer is
unaffected by it.  You are reacting to what the words of the agreement
say, and give no consideration to its effect.



>negotiate different terms.  The same goes for the "work for hire" rule: it

yes, I'm sure.  Try to negotiate a different license agreement with
MS.  That's why its called a contract of adhesion, you aren't even
made aware of the contract until after you've already paid for the
product.  It's an absurd concept, and I would like to hear of it ever
being enforced outside the context of a commercial organization
getting busted for piracy, which violates copyright and other laws.  I
don't think the shrink wrap license agreement would ever be enforced
against joe consumer.


>applies only in the absence of other arrangements.  Your law would deny me
>the right to negotiate any other arrangement with my employer than the one
>the State has decided is best.
>

I got news for you bud, there are all sorts of restrictions on what
you and your employer can agree on.  you can't agree to work for less
than minimum wage, you can't opt out of worker's comp, you can't agree
to waive certain rights, etc. etc.


>Whenever anyone says in this context "This law will guarantee that your
>right to X will not be taken away" they are really saying "This law will
>take away your right to Y".
>

this is a truism.  acceptance of one thing is always rejection of
everything else.  If you decide to eat lunch at 12 pm, you are
deciding not to do other things at 12 pm.  

>The right to freely enter into contracts is an essential liberty.
>-- 

agreed, but there are already lot of restrictions on that right, most
of which the majority agree are desireable.

freedom of contract is really only a freedom among people of equal
bargaining power.  In the real world, this rarely exists.

Michael O'Neill
oneillaw.com


>John Hasler                This posting is in the public domain.
>john@dhh.gt.org		   Do with it what you will.
>Dancing Horse Hill         Make money from it if you can; I don't mind.
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