OK I am not a lawyer nor do I play one on TV nor did I stay in a
Holiday Inn Express last night.
The moment you click an EULA, it is a legally binding contract
between you and the producer of the product. Wether you like it or
not does not matter. I do not like them anymore than you do, but in
a court of law, it would still be upheld unless proven otherwise.
There are plenty of examples of contracts that we not able to
negotiate, that are still enforceable. Negotiation is not a legal
part of contract law. Did you enter into it with full knowledge is.
Stewart
At 12:50 PM 5/28/2007, you wrote:
On 5/28/07, Rev. Stewart Marshall <[EMAIL PROTECTED]> wrote:
EULA's get into contract law not criminal law.
What is a contract worth if you are not going to keep it. Or to echo
Tom's word, is it just a business decision.
Except the legal issue resolves around whether a EULA is a valid contract or
not. As long as you have no right to negotiate at all, the standard legal
answer is "No, this is not a valid contract."
The reason some EULAs might have some validity is legislation passed in
favor of software companies.
I am all in favor of keeping contracts. Especially the ones you have a
choice about. Also important are the implied contracts, where I pay you for
something of value and you agree to provide the value or refund my money.
Unfortunately, most software companies don't want to even go the minimum
distance.
Once you have a valid legal structure, then you can get into the ethics.
--
John DeCarlo, My Views Are My Own
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Rev. Stewart A. Marshall
mailto:[EMAIL PROTECTED]
Prince of Peace
Ozark, AL SL 82
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