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   Re: [xml-dev] XML parser (angry - don't read!)

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If I were in New York state I'd probably be inclined to ignore the "no 
benchmarks" clauses in the license agreements, at least for now. As I 
understand it this may be subject to change under the UCITA law being 
pushed by the software companies, which would strengthen click-through 
"agreements". The fact is that I live just down the street from MS 
headquarters in Washington, and I certainly can't afford to take on the 
most innovative legal team in the industry. :-)

I honestly didn't mean to start a flame war on this topic. I'm certainly 
not a fan of MS, but they're hardly alone in having this sort of clause 
in their license agreement. Sun actually had a clause like this in an 
early version of the Java license, though that's long since been 
dropped. Meanwhile, I've asked one of the main Microsoft participants on 
this list if he can direct me to someone with the power to give 
permission for a benchmark with public results.

  - Dennis

Jeff Lowery wrote:

>This case may be applicable:
>If it's a BETA license agreement, that could be a different kettle of fish.
>Those licenses often have nondisclosure clauses: you're granted the
>privilege of using the beta as long as you keep quiet about the
>(mis)features.  Those a court would probably uphold.
>Of course there's the cost of attorney's should you get sued even
>frivolously, so...


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