Linked by Thom Holwerda on Fri 20th Feb 2009 12:28 UTC
An interesting story is making it rounds across the internet the past few days about someone who made a system to get his cat to agree to the EULAs she was presented with. While that's just a funny joke, it does raise a very interesting point: if person A agrees to an EULA, does its power extend to person B?
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Still, the point made is an interesting one, and it might very well be possible that you could convince a judge this way.
Well, maybe in Stupid-Land on Planet Doofus...
Animals are not persons in a legal sense and cannot execute a declaration of intent. Therefore they can neither accept or decline an EULA. I would be really surprised if this isn't universal in all established law systems world wide.
I know, legislators, judges and lawyers are not very much respected in IT environments, but please, give these people some credit!
With regards to third parties using software they didn't buy and didn't read the EULA, I would like to point out the foundation on which many IP violation lawsuits are declined -- the plaintiff can't prove beyond a doubt that the defendant is the perpetrator, because many other people may have had access to the computer.
Member since:
2006-10-11
Well, maybe in Stupid-Land on Planet Doofus...
Animals are not persons in a legal sense and cannot execute a declaration of intent. Therefore they can neither accept or decline an EULA. I would be really surprised if this isn't universal in all established law systems world wide.
I know, legislators, judges and lawyers are not very much respected in IT environments, but please, give these people some credit!
With regards to third parties using software they didn't buy and didn't read the EULA, I would like to point out the foundation on which many IP violation lawsuits are declined -- the plaintiff can't prove beyond a doubt that the defendant is the perpetrator, because many other people may have had access to the computer.
Edited 2009-02-20 16:10 UTC