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Greg Ewing wrote:

> I've never been entirely sure what gives them the
> right to make such restrictions. Copyright law says
> you need permission to copy something, but it doesn't
> say you need permission to *use* it.
> 
> I suppose they would argue that in order to use it
> you have to copy it onto your computer's disk. But
> that's like saying I need a licence to read a book
> because I'm copying it into my brain, or something.
> 

No, the deal with the EULAs is that it is not really a license, more
like a non-negotiated contract. That's why you need to "accept" it and
that is also why it is actually not clear whether these "contracts" are
valid. The click-wrap licenses were deemed un-enforceable in some
countries due to their wildly imbalanced content and non-negotiability,
sometimes even requiring you to agree to unknown terms you couldn't read
before (shrink-wrap licenses).

Strictly speaking, you could probably just ignore the EULA and use the
product without accepting the license, because then it would fall back
to the copyright law that doesn't restrict use, only distribution.
That's probably why they are made as "click-wrap" - to ensure you cannot
do it.

Regards,

Jan
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