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he EULA is valid because the vendor says, pay me money, and promise not to use my product like this, and I'll let you use it.
And you agree.
What the hell kind of legal argument is that? What's the legal definition of "promise". What law gives the vendor the power to demand promises from the buyer?
Edited 2006-02-15 04:09
Windows XP's EULA is particularly entertaining. You don't agree to it until you get to the installer, but it says if you don't agree to it you should return the media and ask for a refund. Of course, nobody accepts returns on opened media. So basically, the consumer has no option --- if he doesn't agree to the EULA (which isn't printed on the outside of the box, of course!), he's forced to keep the software anyway. Of course, if anybody ever brought it to court, they would win, but software vendors don't care because nobody will spend thousands to recoupe a few hundred for a piece of software.
I understand that there is a need to protect software from pirates. However, if it cannot be done without infringing on the rights of the people, well, that's just too bad. Society has no obligation to protect your business model. If your business model is based on coercion that is legally unenforceable, its time to find another business model.






Member since:
2006-01-28
The EULA is valid because the vendor says, pay me money, and promise not to use my product like this, and I'll let you use it.
And you agree.
Now, if you don't like what that vendor is saying, don't use the product.
Return it.
No one does this, because they want to have what they want, their way.
You cant.
If more people disagreed, then the EULAs would become more fair.