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[BD]Infinity Ward's former co-founders level new charges against Activision - Page 2

post #11 of 15
Quote:
Originally Posted by Viridian View Post
Contract = binding, not law.
Signing a legally binding contract =/= law?

Wow, I learn new things every day!
post #12 of 15
Quote:
Originally Posted by Zen00 View Post
Binding under law still equals law. Might as well be the same thing.
Lol, no it's not. Breach a contract and you're not in fowl of the law, you're in breach of contract and thus the whole thing is a civil courts matter, not a criminal courts matter.

For instance, if I signed a contract saying I would cut my balls off or pay £100,000 to someone, then backed out and refused to cut my balls off I could be taken to court and forced to pay the £100,000, so long as the contract was binding (if not invalidated in some way... for instance, the ultimatum of cutting my balls off would probably invalidate it as no-one can reasonably expect you to mutilate yourself, contracted or not)

However, the point is there's no law saying I have to cut my nuts off just because I signed a contract saying I would. But I can be tried in a civil court over the matter, but not a criminal court. Easiest way to remember it is that criminal courts deal with the law and civil courts deal with personal and business matters like this.

So in short, no, a contract is not law. This is why an EULA that seeks to strip you of statutory rights is invalidated the second it puts that crap into writing.

Regardless, Activision are going to get owned, unless they manage to buy some lame arse judge who will grant in favour of Activision on the basis that COD is their biggest franchise.
    
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post #13 of 15
Call of Duty: The Futuristic War
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post #14 of 15
Quote:
Originally Posted by Viridian View Post
Lol, no it's not. Breach a contract and you're not in fowl of the law, you're in breach of contract and thus the whole thing is a civil courts matter, not a criminal courts matter.

For instance, if I signed a contract saying I would cut my balls off or pay £100,000 to someone, then backed out and refused to cut my balls off I could be taken to court and forced to pay the £100,000, so long as the contract was binding (if not invalidated in some way... for instance, the ultimatum of cutting my balls off would probably invalidate it as no-one can reasonably expect you to mutilate yourself, contracted or not)

However, the point is there's no law saying I have to cut my nuts off just because I signed a contract saying I would. But I can be tried in a civil court over the matter, but not a criminal court. Easiest way to remember it is that criminal courts deal with the law and civil courts deal with personal and business matters like this.

So in short, no, a contract is not law. This is why an EULA that seeks to strip you of statutory rights is invalidated the second it puts that crap into writing.

Regardless, Activision are going to get owned, unless they manage to buy some lame arse judge who will grant in favour of Activision on the basis that COD is their biggest franchise.
I wasn't talking about EULAs, I was talking about binding under law contracts. Such as say state secrecy contracts. You sign that and break it, your going to jail.
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post #15 of 15
Quote:
Originally Posted by Zen00 View Post
I wasn't talking about EULAs, I was talking about binding under law contracts. Such as say state secrecy contracts. You sign that and break it, your going to jail.
Yeah, state secrets. Not Activision IP rights contracts. No-one is going to jail.
    
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