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[3]: A few points
by dmantione on Sat 11th Sep 2010 14:50 UTC in reply to "RE[2]: A few points"
dmantione
Member since:
2005-07-06

Let me comfort you: We have a good law system that does not allow post sale restrictions.

An EULA can be legal in .nl, like it can be legal in most of the world, since it is a contract. Christiaan Alberdingk Thijm is am intellectual property lawyer that always a bit pro-industry, but in principle what he explained to Thom was correct: If a software comes with an EULA, you should not assume it is void.

Now the other part of the story.

In The Netherlands, like in the rest of the world that has a law system based on Roman law, the sales agreement is considered very important. If there exists a sales agreement (which can be proven by an invoice), the software is sold.

Therefore a Shrink-Wrap/Click-Wrap EULA stating "licensed, not sold" writes nonsense under Dutch law, and therefore looses its power to enforce restrictions.

There are a few other ways to attack EULA's, namely:
* Consumer protection laws
* Laws on Terms & Conditions

If EULA is agreed on as part of the sales agreement, is not contrary to consumer laws, and not contrary to laws on terms & conditions, then it is legally binding.

However, I haven't seen many EULA's that pass this.

Edited 2010-09-11 14:52 UTC

Reply Parent Score: 3

RE[4]: A few points
by Thom_Holwerda on Sat 11th Sep 2010 14:52 in reply to "RE[3]: A few points"
Thom_Holwerda Member since:
2005-06-29

If EULA is agreed on as part of the sales agreement, is not contrary to consumer laws, and not contrary to laws on terms & conditions, then it is legally binding.

However, I haven't seen many EULA's that pass this.


Look no further than enterprise-class software. Oracle, Sun, IBM, that sort of thing. In those cases, proper contracts are drawn up, since software licensers know goddamn well that while they can fcuk over individuals like you and me, they can't fcuk over other big companies.

Reply Parent Score: 1