Linked by Thom Holwerda on Mon 7th Mar 2011 23:21 UTC
Legal Well, how about some positive news to end this day? How about annoying the heck out of the Business Software Alliance? There's a new proposal for a directive on consumer rights in the EU, and in it, digital goods - software, online services, and so on - are explicitly defined as goods that are no different than any other good - like bread, watches, or cars. In other words, you would suddenly own the copies of software you buy, effectively declaring the EULA as a worthless piece of paper. Surprise - the BSA is not happy about this.
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"should be treated as goods for the application of the provisions of this Directive which apply to sales contracts"

In other words, contracts around the purchase of digital goods is treated the same as physical goods. Further down...

"(50) In order to ensure legal certainty and improve the functioning of the internal market, the Directive should contain two non-exhaustive lists of unfair terms. Annex II contains a list of terms which should in all circumstances be considered unfair. Annex III contains a list of terms which should be deemed unfair unless the trader proves otherwise."

And I've looked at Annex II and Anex III and none of those unilaterly eliminate the common terms of an EULA. And it specifically codifies what it seems to call a "distance contract" which seems to specifically allow for click through like agreements. Unless there are more details then the page you linked to?

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