Linked by Thom Holwerda on Fri 10th Sep 2010 23:38 UTC
Legal EULAs, and whatever nonsense they may contain, are legally binding in the US. Have a great weekend!
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RE[2]: Grrr, I just don't get it.
by WereCatf on Sat 11th Sep 2010 03:39 UTC in reply to "RE: Grrr, I just don't get it."
WereCatf
Member since:
2006-02-15

Replying to your article, Thom: EULAs are as binding as every other legal agreement one enters into.

EULAs and contracts are two completely different kinds of beasts.

A contract is a legal agreement agreed by all related parties and a contract is placed _before_ any sale or transferral of goods. A contract also defines what service(s) the other party/parties provide, at what cost and with what kinds of limitations.

An EULA is an agreement that takes place _after_ sale or tranfessar of goods and there is no one to agree or disagree with, nor anyone overseeing the process. EULAs almost always try to limit the rights given to the buyer by other laws and tries to impose limits on you, not the service.

The after-sale limitations on rights given by existing laws is already enough for EULAs to be invalid in most European countries, but if it's a not service but instead bought goods, like f.ex. a software package sold at any computing-related store, there is even less for EULAs to stand on; it simply isn't allowed for manufacturer to place limitations on a copy of software they don't anymore own. If manufacturer wants something to be defined as a service then it needs to advertise it as such and create a proper contract when signing someone up, buying something from a store with no kind of agreement whatsoever doesn't constitute a contract.

I am quite sad and very much irritated by the US legal system, it seems you can do more-or-less anything whatsoever if you just have deep enough pockets, and the rights of regular consumers are constantly being trampled. I hope they will some day in the future wisen up and revise the whole system, from top to bottom. Until then I will not land my foot on American soil, even if I was paid for it ;)

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