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]: The judge is an idiot
by Neolander on Sun 12th Sep 2010 14:18 UTC in reply to "RE: The judge is an idiot"
Neolander
Member since:
2010-03-08

Well, AutoDesk clearly sold something. In the court's view, apparently, they sold a license rather than a copyrighted work.

In other words, it seems that the court is inventing a new kind of intellectual property right that expands and largely obsoletes copyright.

In this new interpretation, the use of software is governed by a license of more or less unlimited authority, where "use" is defined to include redistribution as previously governed by copyright.

EULA is the new copyright, this license is what you are buying when you procure software, and purchasing the license implies consent.

The license can be any otherwise legal contract, and the U.S. Congress is extremely disinclined to intervene in the terms of private contracts.

This is a creative end-run around the legal framework and judicial precedents of copyright. Copyright is irrelevant, because now we're exchanging licenses rather than works.

Then we should sign the license agreement when we buy the software, and not anywhere after, like any other service agreement, as Thom pointed out.

Edited 2010-09-12 14:18 UTC

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