Re: Bug#420686: It's not obvious esniper is legal (violation of eBay ToS)
Sami Liedes wrote:
> If (and that's a big if) that argumentation is valid, indeed there is
> no legal use for the software, and I think that probably would weigh
> quite a bit in court. Though I admit I don't even know if there's such
> a thing as contributory infringement of a contract, it sounds somehow
> weird.
There's something called "tortious interference with contract"
http://en.wikipedia.org/wiki/Tortious_interference
which could theoretically be applied in situations like this.
"Tortious interference with contract rights can occur where the tortfeasor
convinces a party to breach the contract against the plaintiff, or ..."
TINLA of course. I have never seen this argument made before.
Considering the number of sniping software packages out there
eBay doesn't seem to be very interested in pursuing these
packages.
Arnoud
--
Arnoud Engelfriet, Dutch & European patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies: http://www.iusmentis.com/
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