Re: How SONY's EULA limits your use of its CDs....
- From: "Matthew Vaughan" <matt-no-spam-109@xxxxxxxxxxxxxxxxxx>
- Date: Thu, 17 Nov 2005 08:16:25 -0800
"Chel van Gennip" <chel@xxxxxxxxxxxx> wrote in message
news:3tufa9Fubu2cU1@xxxxxxxxxxxxxxxxx
> On Tue, 15 Nov 2005 14:44:53 +0100, Rich S. wrote:
>
>> What limitations does Sony's EULA place on you? This is answered in this
>> article from the Electronic Frontiers website:
>>
>> http://www.eff.org/deeplinks/archives/004145.php
>>
>> Now the Legalese Rootkit: Sony-BMG's EULA
>
> What is the value of such an EULA in the US?
>
> In The Netherlands it is quite clear. The EULA was not part of the sales
> transaction, so it not an "agreement", so the actual value is zero.
>
> Even it was part of the sales transaction, it would have been limmited to
> restrictions with normal proportions. So terms like: "You must install any
> and all updates, or else lose the music on your computer." or "Sony-BMG
> will never be liable to you for more than $5.00."
As far as I know, so far in the US courts have tended to uphold EULAs as
actual contracts, as if you'd signed them. To me this is ridiculous, but I
think that's the way it's been so far.
.
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