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Old 08-25-2006, 12:54 PM  
crockett
in a van by the river
 
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Join Date: May 2003
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Quote:
Originally Posted by Pleasurepays
"caught cheating" is one interpretation of events. I am not talking about playing favorites. I am talking about how a court of law will percieve this and how it will be argued before a judge. NATS is not judge, jury and executioner and the prudent thing to do would obviously be to go through a warning process to the company in question and then disable the account. Its not the place of NATS to make this public.

i can state that i will make it public that you have sex with minors if i suspect you are. doing so would definately be actionable and have direct, negative consequences to your business. what i think or believe or feel or suspect has nothing to do with the simple fact that it can be argued that damages arose as a result of my actions.

the simple issue is is there an argument that NATS was negligent in their behavior and caused damages to the other company. it doesn't matter how many times anyone contacted anyone, what amount of time elapsed between contact etc. its all 100% irrelevant to whether or not damages were caused to company XYZ as the result of their actions. there is no solid reason to argue that NATS HAD TO GO TO A PUBLIC FORUM to post this information. there is a solid argument that damages were caused as a result of that action. it will probably even be argued that NATS did so out of self interest and to continue to promote their own "you can't cheat NATS" software.
So you're trying to say if I lease a program from some company and violate their terms of service. You are going to say that company wouldn't have the right to suspend my license and make a public announcement that they had suspended the license?

That's pretty much what happened. If XC broke the NATS license agrement by using the software in a means that it was defruading affiliates then they have every right in the world to suspend that license. Even if XC didn't do it on purpose but choose not to fix it TMM could still suspend the license.
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