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Re: Use Health Vault, Lose Your Rights
by Ignacio H. Valdes, MD, MS on Friday October 05, 2007 @ 01:09 PM
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Maybe, but copyright isn't the issue. Their terms of service specifically say that if I may not use the service to 'harm' them which is pretty vague. I'd rather not risk it which is why I already have a big problem with HealthVault. The one who wrote the contract is the one who is really in control. I definitely didn't write that contract. -- IV
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Re: Use Health Vault, Lose Your Rights
by pacoit on Sunday October 07, 2007 @ 03:37 PM
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Just wondering if anyone knows whether software click-thru agreements have ever been tested in court?
It's one thing to warn a user that certain behavior, such as criticism of the company/service, may lead to banishment from the service (not reasonable of course). But to suggest/allude such behavior is a violation of the copyright holder's rights, and subject to legal action based on those rights, seems quite a stretch. Such reasoning treats EULAs as arbitrary extensions of copyright law. I think the industry has been playing on/promoting this misconception for years.
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