Linked by Nescio on Mon 9th Mar 2009 08:05 UTC
Numerous irrelevant issues and feelings about them are ventilated in comments on the case. However, there are only two important issues. One is what the law is, the other is what we think the law should be.
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RE[3]: Comment by lurch_mojoff
by Soulbender on Mon 9th Mar 2009 11:54
in reply to "RE[2]: Comment by lurch_mojoff"
Member since:2005-08-18
RE[4]: Comment by lurch_mojoff
by Thom_Holwerda on Mon 9th Mar 2009 11:58
in reply to "RE[3]: Comment by lurch_mojoff"
Member since:2005-06-29
The point is that its only valid if the customer can tell that difference prior to purchase. The EULA is usually not shown when you purchase the product.
Again, this is the part where many of you make the wrong assumptions. As I showed in my article on Dutch law, several Dutch lawyers explained to me that the EULA constitutes as "algemene voorwaarden", or "terms of use", which are treated differently than ordinary contracts in consumer law.
The difference is that they do NOT need to be presented to the user, no do they need to specifically agree to anything. It is exactly like, for instance, the rules in a supermarket or mall. You only have to make the terms of use generally available for easy viewing - and in the case of software, even a simple text file in the .zip file is enough, as long as it can be printed for later viewing.
Of course, this is the Dutch situation, and may not apply to other countries.
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2007-05-12
That's a fair point, but the presence of something "clearly visible prior to purchase" is not what makes an upgrade version and upgrade version. Rather, it's the respective clause in the respective EULA. The sticker is just what helps buyers distinguish between the different versions of the product on the shelf.