Quote - What constitution? The US one doesn't apply in my country.

Well, well, well, it's only a theoretical discussion plenty of abstractions and exagerated examples. In practice know reading in Russian can help in what you click and of course, not the EULA

And one more:

The begining of all this story and analyzing only wwhat was written, Kaihean bought in auction a computer and the computer came with Poser, other softwares and all the disks.

Someone purchased Poser, installed it and the lost his computer ending in auction, Poser changed hands, this violates the EULA and then it was sold, one more EULA violation. Who took away Poser from the licensed user commit a crime, who was encharged of the auction commit a crime again and who has purchased is also a criminal. One word: RIDICULOUS

Quote - Specifically, in English law at least, a EULA cannot grant rights to commit an illegal act, (in your example, murder) nor can it enforce an illegal condition on the purchaser. Since contracts can be challenged in court, and to this date a standard EULA for software has never been successfully challenged, your comparison is invalid, not a fair comparison and quite a bit silly.

I shall change a little my EULA:

"You cannot use a knife from SicoKnivesCorp to kill people"

Now you are in your home and a bandit invade your home and attack your wife, you take the purchased knife and kill the bandit. You have violated the EULA and so, you are a criminal.

The Constitution grants you the right of self defense, and you have used your Constitutional right. But the EULA denies you this right. As the Constitution is above any EULA, this EULA clause has no legal value and you are not a criminal.

Quote - The Eula is the Law. It is a binding Contract that YOU agree to abide by when you install the software.

It is not in this way. The EULA or any contract cannot have clauses that are against the State and Federal Laws and the Constitution.

The EULA or any contract cannot deny you rights granted by the Constitution or the Laws.

If an EULA or contract have illegal clauses the legal value of the EULA or contract is nill, so beware what do you put when you write an EULA, because it can have no legal value.

If you signed a contract doesn't mean that you are lost and must obbey even when you was cheated. The Law doesn't work in this way, you must only obbey what is legal. If it was in this way as you stated, people with vision problems, with little education or even educated people that don't have knowledge of legal words and terms could be cheated without any possiblity of defense.

Contracts use to have texts written in tiny letters that few people are able to read and full of legal words and term that only a lawyer knows waht it mean. Many words have a popular or common meaning, but this same word has a different meaning in legal language. Have you ever read a contract ? Do you understand all the words and terms that are written ? Do you know what it means ? Probably not, unless you are a lawyer or have enough experience in contracts. You read the contract, understand something or think that you understand and the most of the contract you have no idea of what it is. You sign it and does it means that you are damned if you was cheated ?

Lawyers can put anything in tiny letters full of legal words and terms, you can sign it without knowing that you just sold your wife, your mother and your dog. Does it mean that you lost your wife, your mother and your dog just because you signed the contract ?

The Law is not in this way, you don't lost your wife, your mother and your dog, because this contract had illegal clauses and has no legal value and it doesn't matter if you have signed it 100 times, it have no legal value.

This is the theory, in practice cheating works very well. You sign a contract without knowing what you have signed, some days later comes someone of the comapny to take your wife, your mother and your dog. You ask what it is and they reply that you sined the contract, show you your signature in the contract and a letter from a lwayer full of legal words and terms telling you if you don't give your wife, your mother and your dog you will go to jail. You give up because you believe if you have signed you cannot do anything else that obbey what you have signed. You have a false view of what is the Law and you do not your rights.

Of course, if you defend your rights, you will know that what you have signed has no legal value, you continue to have your wife, your mother and your dog and the company will not be able to do anything against you. Even you can sue the company and get some money.

But all work fine for companies, in 10,000 people only one knows the Law and his rights and 9,999 believes that the EULA is the law. The company won 9,999 wifes, mothers and dog and only in one case it didn't work. Good business.

You have a profit of billions and time time you have to pay only some millions whenthe scheme failed.

Quote - People keep saying: "buy the software". You don't buy software: you buy a licence to use the software.

It would be if it was a leasing contract or a lending contract, but is not. It is a sale and you are the only and legitime owner of what you purchased, unless you live under Communist laws where you own nothing.

Quote - Hmmm, I think Microsoft would find your point of view very interesting. Very interesting, indeed.

Microsoft is above the Law and above the Constitution, after all is not Billy Gates God ?

Quote - So should you. If the terms are "non-transferable", the software is not legal for use.

The EULA is not the law, you can put anything you want in the EULA, but this doesn't make it a law.

You purchased a knife and the EULA states: "SicoKnivesCorp grants you the right to use the purchased knife to kill your wife"

Does it mean that it will be legal to kill your wife using this knife?

It is funny to see people living in a Capitalist system trying to apply Communist laws. As I know private property do exist in Capitalism and if you purchased something this becomes your property and you can do anything you want with something you own and it is a Constitutional right that no EULA can deprive you from this right.

Quote - No matter, your software is still illegal.

Unless this software was downloaded by someone, it was purchased by someone, so it is not illegal. If other person that is not whom purchased is using this software and it was not stolen from whom purchased, it doesn't turn it illegal. You must know a little more about laws.

Quote - They don't understand why any one of a thousand combinations of Spandex, flannel, Purple Light up sneakers, tee shirts, Army Boots, neon paisley clothing, trench coats, flip flops, jeans, tank tops advertising wee wee flavored American Beer, roller skates, skater duds, smelly leather wrist bands, hood ornaments on chains, dog collars, top hats, and neon tutus might not be welcome in the work place.

WoW!!, Now we can understand in real time how was the process of decadence and collapse of Rome

Quote - As for pirates trying to justify their actions on the high cost of software, well I still cannot believe what Poser Pro 2012 can do considering the program cost me around £90 in the UK

As I said before, piracy goes beyond the monetary value. Poser is not expensive software that is worth its value and even it comes full of content. You cannot say that a music CD is something so expensive that only elected people can afford. Trying to understand or justivy piracy based on the absolute monetary value you will never be able to understand the scope of this problem.

For a simplified analysis you can divide the world in two: Capitalism and Communism. In Communism copyrights and intelectual property do not exist. In Capitalism a pirate is a criminal, in Communism depending on the case he can become a hero. The world is divided and people do not share the same values.

You cannot ignore Communism, there billions of people living in Communist countries or have been educated under a Communist regime. You cannot ignore the importance and influence of these people. China is the first real economical power and is becoming the second military power after Russia. Russia and the countries belonging to the former URSS, even not more Communists, its population was born and educated under a Commumist system.

It is a very simple analysis, because there are billions of people that don't belong to Communism or Capitalism, or flip-flop from one side to another and have other values.

Two plagues created in the XIX century, Capitalism and Communism, have destroyed and corrupted the society turning people into savage animals worshiping the only one god: Money. Money is all the most important thing and the only thing that these "animals" must care.

Capitalism only wants to take your money and all you have, Communism only wants to take your money and all you have and you stupid slave you must work, accumulate money and give all you have to them. Nothing else matters, human values are only past history.

Quote - It is simply when people don't care about how much passion you put in a work.

But people don't care on you. You can have a small group that loves you, other small group hates you and the most of people don't care about you and even don't know that you exist. If one day a train passes over me there will be a lot of people looking around, commenting, making jokes, telling stories and someone can say, "look where a leg has gone" and other will reply "Wow!!"

Quote - It is more to see hard work make worthless in this kind of sites.

If you worked on something it was because you wanted to do it, enjoyed doing it and you had satisfaction and are happy with the results you achieved. The value of your work doesn't change if someone updloaded it or not. Someone can say that your work is a crap, does it means that your work has no value? Or someone can say that your work is the most marvelous thing, does it mean that your work is so extraordinary divinity?

Quote - Ideologie? I have no clue. But I think it is more. I know that many filesharing sites make a lot of profits with advertising etc..so for the owner not a big deal to buy stuff and upload it. And take after money for "High speed download" and other crap.

Filesharing sites are other part of the equation, they don't care of copyrights or copyrights laws do not exist for them. They only want to make money. When a war exists are the weapon makers/traders that make a lot of money while the parts are killing one each other

Quote - See this building on a filesharing site is like your stuff is on a flea market . It hurts really.

Is not so tragic, people that download will not buy from you, so it makes no difference in your income. What is tragic is to have few sales of a product and many times you spend so many days doing it

Piracy is becoming a very serious issue. It is not a question of money, it is turning into an ideology or already it is.

When a new software is released, many times a very expensive software, it is very soon available. From where did come this software? Someone had to purchase it first, someone that had the money, have purchased it and then put to share. To crack a software is not difficult, but even so it requires some effort and time and the person that do it did not get any profit doing it because is released for free.

I have seen full 80 GB BlueRay rips, imagine uploading 80 GigaBytes!!! Someone must have to purchase the BlueRay, rip it, have a very fast internet conection, pay a hosting site and spend one day or more uploading it and the person get no money for his effort, even he/she/it had to spend money to do this.

Once uploaded it reproduces and spreads, but even the matrix is for free the reproduction process requires effort, time and money. You have to download the matrix, upload it at several sites and every time is removed from the site due copyrights, you have to upload it again. Time, internet bandwidth, efforts and you get no money doing this.

As I said before, it is not a question of money, it is a question of ideology. Every day more and more people are revolted against copyright laws, patents and the exhorbitant profits of the companies. I know of musiciand, once very famous, that didn't get a single cent for his work, all the copyright money goes to the recording comapny and nothing to the artist. Even I, am revolted by this subversion of copyright laws that protect nothing the artists, the real creators;