scott wrote:
>>>> and that your use of the service constitutes agreement with this 
>>>> policy.
>>>
>>>   No agreement can go against the law. At least not here.
>>
>> I think that's, generally, the case everywhere. But lots of places 
>> have a list of "this is how it works, *but* an agreement can change 
>> that" sort of laws, so that makes it legal.
> 
> Also they have things like
> 
> A) You must not make copies and sell them.
> B) <some illegal requirement/agreement>
> C) ...
> ..
> Z) If any of the above terms are broken this license is terminated and 
> you must return all software and media and you're not allowed to use the 
> software blah blah blah
> 
> I have an illegal clause in my job contract (about working for 
> competitors), they can't do anything legally about it of course (unless 
> they could show I had given away company confidential information), but 
> they would be perfectly entitled to "terminate" my contract!

Not really. You didn't break clause B because clause B is is illegal to 
include in the first place. The presence or absence of clause B is 
irrelevant to the enforcability of the contract.

In any case, most contracts have clauses of severability, meaning they 
have a clause that says "If any part of this contract is illegal, the 
other parts still hold." Which means clause B, being illegal, would be 
severed from the contract. This is an ass-cover so the company writing 
the contract can sue you for breaching parts of it even if you manage to 
prove an irrelevant part is illegal to include.

-- 
   Darren New / San Diego, CA, USA (PST)
     Remember the good old days, when we
     used to complain about cryptography
     being export-restricted?

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