This week, one of the most-commented stories on OSNews was the story about how 'Maxxus' cracked/hacked (take your pick) the Intel version of Apple's OSX once again. This sparked a lively debate over whether we should encourage Maxxus, or condemn his actions. I made myself clear from the get-go: I condemn his actions. Note: This is the Sunday Eve Column of the week.
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Member since:2006-02-21
"A contract is negotiated, a EULA is imposed."
This is a very good point that should be reiterated. An EULA dresses itself in all the trappings of a contract, but without going though all the steps neccessiary to be a fair one. No other contract on earth between entities has ever been entered into without negotionations by both sides. Only with software does the contract makers, not only impose it on you without discussion or debate, but they hide it from you, and in many cases penalizes you and awards them if you don't accept it. (By making it impossible in most cases to get a refund for opening the software, just to read the EULA contract.)
That is close to coercion, rather than negotiation...
Member since:2005-07-06
SterlingNorth: No other contract on earth between entities has ever been entered into without negotionations by both sides.
I suppose that's true... If you call getting to "talk" to someone about the contract "negotiations". Generally... When I've been expected to sign things, (like contracts) I haven't had much of a choice. If I wanted to "negotiate", then I could "negotiate" my way right out the door and to someone else.
(NOTE: I'm not saying that negotiations never happen. I've certainly been able to negotiate at times. But they don't always happen despite what you claim and sometimes people don't have much of a choice.)
Member since:
2005-07-06
except Apple, you would have gotten a better discussion.
Almost no tech savvy individual supports the DMCA, but in the Maxxus thread the Apple fanboys came out in full support of the DMCA. Something that wouldn't have happened had we been discussing any other company.
Personally, I decide my own morality--rarely do I take the law into consideration. There is little confluence between what is right and wrong and what is legal or illegal.
Go to the store and "buy" software. It has a little note on it saying you must agree to the included EULA to use the software. You must open the box and load the disc to read the EULA. Then the store won't accept open software in exchange for your money back. No, this sort of EULA is not binding on me.
A contract is negotiated, a EULA is imposed.