Re: no more free UO
- From: Quaestor <no-spam@xxxxxxxx>
- Date: Thu, 08 Dec 2005 16:16:09 -0800
Mean_Chlorine wrote:
Thusly "Mr. Limpet" <nobody@xxxxxxxxxxxx> Spake Unto All:
Plus I'm still waiting for someone to explain to me how breaking anAt a guess it might be because one agrees to the EULA (however stupid and/or convoluted) when one installs the product. For some (many? hardly any?) people, breaking any agreement is an ethical breach.
EULA is immoral/unethical.
Just a guess though.
I have a hard time seeing it as an agreement. An agreement is
bilateral, not unilateral. With EULA's, you've already paid, taken the software home, opened the
box, and started to install - then they smack you with a set of
demands, most of which would not stand up in court, and if whomever is
sitting at the computer at the time (ie not necessarily you) don't
click "OK" then you can neither get your money back nor use the
software you've already paid for.
EULAs should be SIGNED by the person purchasing them, PRIOR to handing over money to the clerk. Then they'd be an agreement, and binding. At the _very least_ you should be able to get your money back plus be reimbursed for any expenses (ie gas money & lost income) if you find the EULA unacceptable at install.
Otherwise I am unable to see it as an agreement.
This has always been my position. When I click one of those "I agree" buttons I usually say, "I don't agree to anything."
One of the points I would make if taking such a case to court is that, to be valid, a contract has to benefit both parties. The eula does not benefit me because it gives me nothing I do not already have (having bought the software already). Conceivably this might prove weak in cases of online use, but again, if the full terms were not visible before the purchase I would consider them to be void. Truth in advertising. I have a right to know what I'm buying.
-- Godwin is a net-nazi .
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