KittyCatS Love & Frustration

[Tad Carlucci]

Dunno about linking to external terms rather than putting them on the marketplace. That's up to LL and their ToS. I don't think the want it, but I'm not sure they disallow it.

Whether the terms are enforceable depends on which court you go to. As I understand it some say yes, some say no, and many have not been asked. Basically, I'd say they're enforceable until on of you has had enough, files a lawsuit, and wins with the decision striking down his terms.

The term in question, of course, is not his right to ban copyright and trademark violations. That's actually implicit: he has that right without stating it. No, it's does he have the right to ban sorta-the-same-but-not-copies and that's really a patent claim, which he does not have. Any of you harmed by his actions might have a case against him. The one who clearly does is Torgon because his false claims are clearly an attempt to restrict trade which is only legal if you have a patent. But, again, whatever he does, it does not matter if it's legal until one of you files a lawsuit.