Its in the standard terms of service now for the big AAA publishers.
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Yes. Absolutely.
However, no one has taken the companies that started doing that to task, and now even companies like John Deer have been pulling that shit.
Hell, Monsanto actually took farmers to court on that principle for growing crops that had been naturally cross pollinated with "their" GMO crops using that principle.
I am not disagreeing with you. I am stating what we have allowed the rich fucks to get away with.