Linked by Thom Holwerda on Fri 20th Feb 2009 12:28 UTC
Legal 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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In Belgium an EULA is not valid
by cropr on Fri 20th Feb 2009 19:45 UTC
cropr
Member since:
2006-02-14

Although it has never being brought to court, an EULA in its current form is illegal in Belgium. Clicking "I agree" is seen as an imposed agreement by the selling party and has legally no value. In other words, if you buy a software package in a shop, all conditions attached to the sale should be known at the moment of the sale. Presenting an EULA when you start/install the software is too late.

A nice analogy given by the lawyer who learned me this, is a newspaper where there is printed on the first page: 'by turning the 1st page of this newspaper you agree to ...'.

Of course all legislation about copyrights remains valid, so you cannot start copying the software.

If the customer would be shown the EULA in the shop, before he decides to buy, there is no issue

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