New license agreement makes use of vb4 illegal! Please resolve!
 

I was just on my way buying/pre-ordering the suite when I hit this part of the new vBulletin 4.0 Software License Agreement:

Quote:
You may not use the Software to engage in or allow others to engage in any illegal activity. You may not use the Software to engage in any activity that will violate the rights of third parties* including* without limitation* through the use* public display* public performance* reproduction* distribution* or modification of communications or materials that infringe copyrights* trademarks* publicity rights* privacy rights* other proprietary rights* or rights against defamation of third parties.
Which also relates to this part:
Quote:
The License and this Agreement are governed by and construed in accordance with the laws of the State of California* United States of America. You hereby consent to the exclusive jurisdiction and venue in the state and federal courts of the County of Los Angeles* California and the Central District of California* respectively.
Now* I have been writing very similar contracts all day and know this is standard contract content* BUT:

The combination of there two sections means that all vbulletin customers must make sure that their complete board content complies with Cali and US law* as described above. This is simply impossible. Almost any board has copyrighted material* publicity rights or other intellectual property* or posts can could be seen as defamation. But that is not the worst.

vbulletin owners may not allow their members to engage in ANY activity that is illegal under either California or USA law.

So if the content of a discussion board is legal in the country where the server resides* then each and every post of a board will nonetheless have to comply with USA and Cali law.

'allow other to engage in any illegal activity' With 'any' being the keyword there. I have no clue whats legal in Cali and have no intention of hiring a lawyer to find out. Nor do I want to sort out hundreds of thousands of posts to weed out what's no longer allowed under this licence.

Please rephrase or remove this from your License Agreement so that it is still possible to buy & use vbulletin 4.