[freenet-support] [freenet.uservoice.com] New message: 'So I had this idea to counteract abuive ...'

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So I had this idea to counteract abusive EULAs
that use "shrink wrap" or "click wrap" to shove
their agreements down people's throats.
Basically it involves agreeing to something else
FIRST that invalidates the subsequent EULA/

I've added the idea here, I think it would make an
excellent potential addition to a free-ware browser (eg.
a browser which when used legally supersedes
any EULA they try to send your way...)

Here is the idea ...

“Double-wrap” – an approach to counteracting abusive 
shrink-wrap/click-wrap EULAs

Approach :

Two step approach to counteracting abusive shrink-wrap/click-wrap
End User License “Agreements” (EULAs) :

1) Create a new agreement which supersedes, voids or otherwise redefines
the target EULA. ... more

“Double-wrap” – an approach to counteracting abusive 
shrink-wrap/click-wrap EULAs

Approach :

Two step approach to counteracting abusive shrink-wrap/click-wrap
End User License “Agreements” (EULAs) :

1) Create a new agreement which supersedes, voids or otherwise redefines
the target EULA.

2) “Pre-wrap” (or “Pre-click”) on this new agreement. Opening the
Pre-wrap means that you agree to the new agreement. This is done BEFORE you
 open or click on the target EULA. The new
agreement prevents the target EULA from taking legal effect by redefining it 
(or the
 action of opening or clicking), by superseding
or voiding some or all of its components, or by legally restricting your ability

to agree to the target EULAs terms while not restricting your ability to open
 the package or click on “agree”.

Motivation :

EULAs have become abusive. They typically offer
no chance for disagreement in whole or part. Most reasonable people (including 
probably most
 judges and lawmakers) never read them. Nevertheless, EULAs powered by 
“shrink-wrap” or “click-wrap” have been used to harm privacy, limit 
legal recourse for damages, and severely restrict a customers ability to make 
fair use
of the item that they paid for.

Discussion :

Naturally, one should have the “double wrap” new agreement written by a 
qualified lawyer.
 (It might then make a nice addition to a freeware web browser – the web-site 
would
be implicitly agreeing to the new agreement by not blocking the browser’s 
access to
 the website or software for download).
Approaches might include : redefining the meaning of clicking on the button 
“Accept”, limiting
 maximum possible damages to a very small amount, changing the legal venue
and prevailing law to a favorable country (for example Russia), requiring 
binding arbitration of
 all related disputes with the EFF (or perhaps a panel of one’s friends), 
restricting one’s ability to enter into subsequent click-wrap
EULAs for a specific period of time (or perhaps whenever using that particular 
browser),
 and so forth.

This approach tries to counteract an abusive law
with itself.

Consult a lawyer to create your own “Double-wrap”
Agreement. (You may also want to post / share it
so others can use it).

Best wishes….

Firefox 3.5 (Windows XP)

[http://uservoice.com]
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