QUOTES and "Breach of contract"

hamsterbait

In the writ just served on Quotes, one item seems to stand out.

If they claim that as a baptized Dub, when he left he was in breach by quoting their literature, does this tell us that the new baptism vows mean that the candidate has entered into a contract in association with the organization? After all contractual partners in business are referred to as "associates"

If this is the case the legal ramifications are interesting.

If someone is baptized as a minor, this means that the "contract" is not legal, as minors cannot enter into contracts.

Under the Law, minors cannot donate gifts, whether money, cars or computers.

They can therefore demand the return of all monies and properties gifted under the illegal contractual association with WTS.

Does this also mean that anyone baptized under the new contractual implications of JW baptism vows - as a minor - can also legally insist that a DF be cancelled, as the baptism is an illegal contract, (therefore invalid), and only those with valid baptismal contracts can be DF.

The WT may claim that baptism is simply a religious symbol, but if that were true, why don't they use the formula given by Christ? No: the "IN ASSOCIATION" attempts to inveigle the victim into an implied contractual association with the WT which can then be used against him at the WTs convenience, as is the case with Quotes.

Unfortunately I was baptized under the old wording of the vows.

HB (of the "I can'ts gets me monies back" class)

Finally-Free

I think the "breach of contract" they are referring to is the End User License Agreement on the Watchtower CD-ROM.

W

candidlynuts

i think the breach of contract refers to the cd's themselves.

the notification on them that " by purchasing this cd you cannot reproduce blah blah blah"

Finally-Free

" by purchasing this cd you cannot reproduce blah blah blah"

That's the problem. Most people don't actually read these "agreements". They simply click "ok" and carry on with the installation.

It may be helpful if someone could post the entire text of the license agreement.

W

ithinkisee

Right. But who's to say he didn't type them all by hand? I mean ... I know he didn't, but if he went back and typed each one by hand would they then be legal?

-ithinkisee

Pole

This is from the 2004 one:

LICENSE AGREEMENT

This is a legal agreement between you and Watch Tower Bible and Tract Society of Pennsylvania ("Watch Tower") for the material accompanying this Agreement, which include(s) computer software, electronic documentation, associated media, and printed materials (collectively the "Product"). By installing or otherwise using this Product, you are agreeing to the terms of this Agreement. If you do not agree to its terms, do not install or otherwise use the Product. Rather, return it to Watch Tower or transfer it to a user who agrees to be bound by the terms of this Agreement.
1. COPYRIGHT. The Watchtower Library on CD-ROM, including all data and programs contained therein, ("SOFTWARE") is owned by Watch Tower and is protected by United States of America ("U.S.A.") copyright laws, international copyright treaties, and other intellectual property laws and treaties. You may not copy the SOFTWARE or the printed materials ("Printed Materials") except as specifically provided in this Agreement.
2. GRANT OF LICENSE. Watch Tower grants you the right to use personally the SOFTWARE. You may not network the SOFTWARE or put it on or use it over the Internet. Subject to restrictions set forth in this Agreement, you may copy the program and data from the SOFTWARE to the hard disk of your personally-owned computer(s). Any data you copy shall be for your noncommercial purposes. You may not copy and distribute for commercial purposes portions of the data contained in the Product. You may transfer all the SOFTWARE and all Printed Materials to another party who is one of Jehovah’s Witnesses but only if that party accepts all of the terms of this Agreement, and such party's possession or use of the SOFTWARE shall be deemed to be such acceptance. If you make such a transfer, you may not retain any copies of the Printed Materials or SOFTWARE, and the SOFTWARE may not remain installed on your computer(s).
3. RESTRICTIONS ON USE. You may not do any of the following: transmit all or any portion of the SOFTWARE by electronic means, such as E-mail; post all or any portion of the SOFTWARE on the Internet, a public network, or any type of electronic message board; copy, print, or excerpt from the SOFTWARE to prepare and distribute books, booklets, or any compilation of Watch Tower’s copyrighted material; copy the Printed Materials; duplicate for distribution all or any portion of the SOFTWARE on any kind of compact disc or other duplicating device; print for any distribution an entire Watch Tower magazine, brochure, pamphlet, or book from the SOFTWARE; alter the SOFTWARE; reverse engineer, reverse assemble, reverse compile, disassemble, or decompile the SOFTWARE; sublicense or lease the SOFTWARE; use the SOFTWARE with other access programs; use or call subroutines (.DLL routines) provided by the SOFTWARE to create new or derivative works, including utilities; remove or obscure Watch Tower's copyright and/or trademark notices; use the SOFTWARE or Printed Materials for any commercial purpose.
4. LIMITED WARRANTY. Watch Tower warrants that the medium upon which the SOFTWARE is provided to you is free from defects in material and workmanship under normal use for a period of 60 days from the date of delivery. Watch Tower warrants that the SOFTWARE will perform substantially in accordance with the Printed Materials.
DISCLAIMER. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, THE SOFTWARE AND THE PRINTED MATERIALS ARE PROVIDED TO YOU IN "AS IS" CONDITION WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOU BEAR ALL RISK RELATING TO QUALITY AND PERFORMANCE OF THE SOFTWARE. YOU ASSUME COMPLETE RESPONSIBILITY FOR THE SELECTION AND INSTALLATION OF THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME PORTION OF THE STATED EXCLUSIONS MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY AMONG JURISDICTIONS. WATCH TOWER DOES NOT WARRANT THAT THE DATA IS IDENTICAL TO WATCH TOWER'S PUBLICATIONS.
5. LIMITATION OF LIABILITY. Your exclusive remedy for Watch Tower's breach of its limited warranty shall be replacement of any defective medium returned to Watch Tower within the warranty period. In no event will Watch Tower be liable for any lost profits or any damages, including direct, indirect, incidental, special, consequential, or any other type of damages, arising out of this Agreement or the use of the SOFTWARE or the Printed Materials even if Watch Tower has been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitations of liability for consequential or incidental damages, the foregoing limitations may not apply to you.
6. TERM AND TERMINATION. This Agreement is effective until terminated. You may terminate it at any time by returning the original medium containing the SOFTWARE to Watch Tower and certifying in writing that you have destroyed all copies you may have made on any storage system or other medium. If you breach any of the terms of this Agreement, then Watch Tower may terminate this Agreement and require you to return the original medium containing the SOFTWARE, and you then must certify in writing that you have not retained or transferred any copy of the SOFTWARE.
7. OTHER PROVISIONS. This Agreement shall be governed by and construed according to the laws of the State of New York, U.S.A., without regard to conflict of laws provisions. Any legal action relating to this Agreement shall be brought in a state or federal court having jurisdiction in the State of New York, U.S.A. Should any provision of this Agreement be held to be void, invalid, unenforceable, or illegal by a court, the validity or enforceability of the other provisions shall not be affected thereby. Failure of Watch Tower to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or the right to enforce such provision. This Agreement constitutes the entire agreement between you and Watch Tower concerning the Product.

Pole

I have just noticed something interesting:

WATCH TOWER DOES NOT WARRANT THAT THE DATA IS IDENTICAL TO WATCH TOWER'S PUBLICATIONS.

That would explain the doctrinal adjustmenst(s) made to the electronic version of their publications.

Pole

hamsterbait

Candidly - does the licensing agreement on the Witchtower CD actually say "by PURCHASING"????

Wow! Then they have a shakey case - as we know, the literature is given 'free'. The individual publisher does not purchase anything. The congregation does not purchase the CD or any other literature - instead they send to the society a "donation".

Since Quotes did not purchase it he did not agree to the licensing agreement. If under those terms, the WT did not wish to allow use of the CD, then they should have ensured the software installation ceased, as on any other disk.

HB

Finally-Free

That would explain the doctrinal adjustmenst(s) made to the electronic version of their publications.

I wonder if there's a similar disclaimer in the bound volumes.

W

hamsterbait

Pole - that is how they can tell whether you have used the CD or your own personal literature: The wording is changed in almost every magazine put on the disk from what it was in the printed copy.

HB

QUOTES and "Breach of contract"

Share this