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Default judgement of $3.6 million awarded to Nexon in the case against pserver
#66
MrTouchnGo Wrote:But the posters actually did have links and cited a court case.

At the bottom of the first post was a link to a list of such cases.

In the second post was linked a blog post that further linked to a court case in which it was noted that

See my amended note concerning not having to agree to anything to extract the data. And everything else I said.

The only thing in that TOS that has any teeth is ... well, nothing. Because the DMCA already gives them all the teeth they need, and everything in the TOS that reiterates their rights from the DMCA is meaningless in terms of contract because it's already asking the user to abstain from what's illegal in the first place.

Just to reiterate the key part I suspect you're not getting; You can not obtain punitive damages for Breach of Contract, only compensatory and incidental (both meaning that the plaintiff actually took a provable loss due to the breach), so for anything that's not already illegal in that contract there's nothing that could be gained, short of lawyers costs, and a court has the right to say no to those too if they feel their were no damages actually done and therefore no real point in the case. Judges do not like having their time wasted just to piss on the little man to prove you can.
It's not having what you want - It's wanting what you've got.
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Default judgement of $3.6 million awarded to Nexon in the case against pserver - by Eos - 2012-04-22, 10:51 PM

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