Linked by Thom Holwerda on Sun 19th Feb 2006 16:26 UTC
This week, one of the most-commented stories on OSNews was the story about how 'Maxxus' cracked/hacked (take your pick) the Intel version of Apple's OSX once again. This sparked a lively debate over whether we should encourage Maxxus, or condemn his actions. I made myself clear from the get-go: I condemn his actions. Note: This is the Sunday Eve Column of the week.
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2005-07-06
Kroc: Whilst it may be a contract you wish to abide to, what of all the people who never read it?
What about people who never read actual contracts? What about people who don't read the laws? What about people who aren't paying attention when they get into verbal contracts? Etc... Should they be bound by these things?
A common statement made about this is "ignorance is no excuse." In addition, with EULAs, these are often BOLD (not the typeface) and IN YOUR FACE, at the very beginning. So its obvious that they are there. That's more than can be said for a number of laws that bind us.
For example, when you go for a walk with your dog, do you see a big printed sign that tells you what you are allowed to do and not do while you are out on a walk? What about what dogs you are allowed to have or not have in the local area? Etc... Yet, if there is any laws about this in your local area, chances are you do not see such a sign. Yet you'll definitely be held to those laws if they exist.
Kroc: If the EULA says that the person has to jump off of a cliff, should they be sued for not jumping, having not read the EULA?
What if an actual contract says a person has to jump off a cliff? What if there is a law that says that? What if there's a verbal agreement to do so? Etc...
Kroc: A Contract you agree to long before you use the product.
Did you explicitly agree to be bound by said laws to walk your dog? Doubtful. Yet, they will bind you.
You are actually given more opportunity to read, accept, or reject many EULAs than you are to read, accept, or reject laws and yes sometimes even contracts. As a result using these things as a reason for them to not be legal doesn't seem valid to me in the least.