[slinky]

Originally Posted by Mist

The fact is you paid for your product. If you didn't receieve it that does not entitle you to get the copy via other means. That is an invidual zip file which only you have rights for so you should pursue getting it with vbskins and if you feel necessary take action. So if someone gives you the style and continues to use the style themselves they will be breaking the law for breaking copyrights. Secondly you'll be breaking the law for using it. Compare it to buying a copy of office xp. Someone gives it you and continues to use it under their license....

Thank you for the explanation Mist. Respectfully, are you speaking from experience with the legal system or the way you understand it to be?

There is a common law doctrine known as the "unclean hands" doctrine. In the example you gave, if someone purchased a license to use Windows XP from Microsoft directly and Microsoft (in this example) took their money but didn't give the customer a CD and the customer obtained a copy of the CD from another source and performed one install, Microsoft could not even come into court and sue the purchaser for infringement. Without even getting into the license that is actually purchased, since Microsoft had wrongfully breached the agreement and withheld the CD from the purchaser and kept the money, Microsoft would have "unclean hands" and could not avail itself of the protection of the courts to enforce the "agreement."

With regard to the logic, respectfully it is again aberrant and somewhat absurd. Let's not deal with the point of whether the Windows XP license is the physical CD or the right to install and run 1 copy of Windows XP on a single computer -- do you even think that, provided someone bought a Windows XP license with a key, that Microsoft could give a crap if that person left his CD at home and used a friend's copy to install it provided that person used his key and installed only one copy on one computer? You tell me -- what would even the damages be to Microsoft? There are none.

And if you think I have 'my remedies' to travel wherever this person is to get my file and take action, e.g. sue him in court (small claims only effective in the local county of the defendant) then who are we kidding? Let's get real....

I hope that before our moderators start editing and censoring entire posts here and accusing illegal actions by members of this forum, we might have a little discussion first to discuss rather than concluding.