[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index] [New Search]

RE: [T3] Enthusiasts rejoice: VW are up a certain creek!


<x-charset iso-8859-1>I received the 'notice' as well :(  Grrrrr!!!  Thanks for the info Andrew.
However, in viewing their source code I see that the web form will only
accept up to 100 characters.  I'm an enthusiast site and you can be damn
sure I'm not gonna pay (though it doesn't appear to be an issue) for
anything nor sign for anything.  Right now I'm debating if I should even
submit something.  Their feedback form doesn't allow for much flexibility.
Either you're an "Enthusiast" or a "Club or Club Member" and nothing else.
Either you're from "United States or"(sic) or "Canada".

I went to the legal part of the web site.  Looking at their 'privacy' policy
was a little creepy.  Read this:  http://www.vw.com/legal.htm#pixel.  The
last sentence was spooky, "When corresponding with you via HTML capable
e-mail, we may use "format sensing" technology, which allows pixel tags to
let us know whether you received and opened our e-mail."  Well, that's a
good reason to stick with plain text email!

Reading further down, in the "List of Restrictions" section of the legal
page, it appears that it IS OK to use their material as said, "...you may
download one copy of such materials to your individual computer solely for
your personal, non-commercial use only ... provided that all copyright and
other proprietary notices appearing on such materials are strictly preserved
without any alteration, modification, or obfuscation".  However, under
"Reservation of Rights" they say, "None of the items mentioned herein may be
used without the express written consent of Volkswagen of America, Inc." so
not being a lawyer I'm not sure which they are committing to.

It sounds like, from the their web site, that they don't want people to say
anything bad about VW, which violates the First Amendment(1).  By telling an
ISP to shut down a web site goes against the Fourth Amendment(2) if they
don't have a warrant.

  Toby "Don't Tread On Me" Erkson
  air_cooled_nut@pobox.com
  '72 VW Squareback 1.6L bored and stroked to 2.0L, Berg five-speed
  '95 VW Jetta III GL 2.0L, P-Chip, Jamex suspension, 2.25" MagnaFlow
  Portland, Oregon, http://www.icbm.org/

(1)Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof; or --> abridging the freedom of
speech <--, or of the press; or the right of the people peaceably to
assemble, and to petition the government for a redress of grievances. 

(2)The right of the people to be secure in their persons, houses, papers,
and effects, against unreasonable searches and seizures, shall not be
violated, and no warrants shall issue, but upon probable cause, supported by
oath or affirmation, and particularly describing the place to be searched,
and the persons or things to be seized. 

>-----Original Message-----
>From: Andrew van der Stock [mailto:ajv@greebo.net]
>Sent: Monday, May 20, 2002 2:39 AM
>To: Type 3 Mail List
>Subject: [T3] Enthusiasts rejoice: VW are up a certain creek!
>
>
>Okay, we can calm down a bit, and VW are in for a nasty surprise! I
>spoke to an IP lawyer friend of mine who is well known in the field. The
>following does not constitute actual legal advice, just a retelling of
>the advice I got. If you need legal advice, seek it from a qualified
>intellectual property lawyer.
>...
>Whatever you do, my lawyer's advice is to PUSH BACK HARD. DO NOT sign
>this "license" contract unless you are advised by your IP (intellectual
>property) lawyer to do so. 
>
>SPREAD THIS ADVICE AROUND FAR AND WIDE...

-------------------------------------------------------------------
Search old messages on the Web!  Visit http://www.vwtype3.org/list/

</x-charset>

[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index] [New Search]