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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EULAs are already dead
by Carewolf on Tue 8th Mar 2011 21:26 UTC
Carewolf
Member since:
2005-09-08

How can you kill that which is already dead?

AFAIK, only very small handfull of countries and half the states in the US currently recognize EULAs. Have any EU countries introduced legislation that enables one-sided contracts?

Edited 2011-03-08 21:27 UTC

Reply Score: 2

RE: EULAs are already dead
by cropr on Thu 10th Mar 2011 09:33 in reply to "EULAs are already dead"
cropr Member since:
2006-02-14

Indeed, A Belgian judge has decided in the '90 that for residential consumers an EULA is not valid. According to the consumer law every restriction of a good should be known the moment the sale is closed. Because the EULA is only visible when you open the package or install the software, the EULA is imposed after the sale and as a consequence invalid. The judge compared the EULA with a newspaper where on the front page is written: "by turning this page, you agree to ...". Bear in mind that that in a business to business environment, other rules apply

Reply Parent Score: 1