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Re: [LUG] Don't compare physical objects and software.

 

Grant Sewell wrote:
> Neil Williams wrote:
>> The EULA dialogue itself is only one part of the package - the software
>> usually comes with a lengthy paper licence and/or a licence file on the
>> original media. Ignorance of the law is no defence and in a business
>> setting, not reading an EULA could give rise to a claim for negligence
>> against you by your employer.

> What *really* bugs me at times is when you have a little sticker that 
> says something along the lines of "by breaking this seal you are 
> demonstrating your agreement to the terms and conditions held within" 
> (or something along those lines).  How can anyone realistically say, 
> "Yes, I agree to these terms", when they've not been given an 
> opportunity to read them?
> 

Annoying, yes. enforceable? I'd say yes - until such time as someone is
rich enough to take it to a court.
:-(

I'd guess there would be some leeway if there was no other documentation
provided but I can't afford to find out - especially as it's likely to
be a US court (as the 'NatWest three' discovered).

Software may be free, the courts are not.

(Which, incidentally, is a major reason why software patents need to be
thrown out. We can't 'workaround' a compromise agreement because all
such compromises come down to lawyer fees. Allowing *any* software
patents to be enforceable in the EU is as bad as allowing all.)

-- 

Neil Williams
=============
http://www.data-freedom.org/
http://www.nosoftwarepatents.com/
http://www.linux.codehelp.co.uk/


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