Linked by Thom Holwerda on Sun 19th Feb 2006 16:26 UTC
Law and Order 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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RE
by Deletomn on Mon 20th Feb 2006 18:10 UTC in reply to "RE"
Deletomn
Member since:
2005-07-06

archiesteel: So there's a way to read a EULA without opening the shrink-wrapped package?

No... But before you use the program for the first time the EULA comes up. In addition, a number of programs come in a "sealed" package along side the EULA. This provides you with an opportunity to read the EULA before opening the sealed package.

A copy of the EULA is also frequently always available and often times either sitting right in the manual or on your harddrive or what have you. Generally, it is right there practically in your face. The same can not be said for many laws. For example, laws that involve walking or ownership of dogs. You can rest assured, that there will generally not be a copy of said laws waiting for you on your doorstep, when you take your dog out for a walk. In addition verbal agreements between people often times don't have a recording which you can reference, and so on...

You actually have more chances to read, review, be reminded of, etc... EULAs than many other legally binding things. Simple as that.

In addition many EULAs basicly say the same thing. (As protagonist said) so you can guess the terms for many programs before you even look at the EULA.


archiesteel: The point is moot, however, as it's not that EULAs are legally binding in the first place

Uniform Computer Information Transactions Act

I haven't read it myself. But from my understanding, it makes EULAs valid in certain areas of the world.



(As a side note... I am not saying that I feel they should or shouldn't be legal. That I approve of them or disapprove. Nor am I saying that they are legal or illegal everywhere.)

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