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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Any copyrighted work has an EULA
by TheGZeus on Sat 11th Sep 2010 16:46 UTC
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In a book, it's the copyright page, usually on the front in European language texts, the back in Japanese (I can't speak for any other Asian languages).
The GNU GPL, BSD, Apache and all other free software licenses are also EULA-en.
All the music/'sound art' (yes, a pretentious name for basically noise) I've been involved in is under an EULA, CC-BY-SA, to be exact. Well, some stuff I've done with others is CC-BY-NC-SA(I got that order correct? whatever).
Without the EULA we have no hard-copyleft. No copyleft _at all_.

Are there evil EULA, that are not actually legal, but enforced? Yes. The iFoo group of devices have a notice on their box that by opening the box you agree to the EULA inside the box.
One cannot be expected to agree to a contract without having opportunity to read it! That license falls on its face under basic contract law, but Apple's got deep pockets and no soul, so it gets enforced.

The problem isn't the existence of EULA, it's the fact that people ignore them.
"What? I'm not allowed to [whatever]??? That's outrageous!" Well, you agreed to those terms when you clicked that little box and completed the installation.
Software is not sold. It's a copyrighted work. It's an idea, so you license it. If you sell it, you're actually selling the right to make copies and the ability to license them to others.
Oracle bought Sun's software, customers licensed the software from Sun. Now those same people license it from Oracle.
BASH is licensed from the GNU Foundation, but I get it from Debian because GNU explicitly gives the right to redistribute it.
The standard EULA is "All Rights Reserved" which means "any rights granted or restricted by copyright law are reserved by the owner of the copyright indicated." It's also generally followed by an explicit denial of the end-user's ability to copy it.

Without an EULA, it defaults to All Rights Reserved, but would allow resale of the physical media, but then you'd be making a copy by installing it, so you would have to run from the supplied media.
An EULA actually grants the right to install a copy of the software in most cases. That's copying.

See how complicated this shit gets?
I use RAR and Flash, other than that it's all FLOSS for me.
Tasty, tasty freedom. Mmmm-mmm good.

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