On TV.com: CHUCK Spied a Return Date
BNET Business Network:
BNET
TechRepublic
ZDNet
TalkBack 25 of 52:
Next »
« Previous
EULAs should be challenged.
There are two good legal reason for which I believe most EULAs can be successfully challenged.

First of all, most EULAs cannot be read without opening a sealed package. Opening that seal makes it impossible to return the software, so your money is forfeited at that point, before you are even aware of the terms of the contract. You do not have an opportunity, in most cases, to read and freely assent to the terms of the contract until your consideration is already committed.

Second, all legal contracts involve an exchange of consideration. In other words, both sides have to benefit from the agreement. In the case of most EULAs, as has been pointed out, the software companies are quick to assert that they are making no promises that you will derive any benefit whatsoever from their software and, by implication, that you may, in fact, be harmed. So where is the consideration?

In effect, the software companies make sure they lock you in to committing your financial considerations before they even let you see the contracts, and then they tell you that they aren't promising anything in the way of benefit and informing you that you can't even obtain relief if they harm you. And if you don't agree? Tough luck, pal; we've already got your money.

Oh, and by the way, Microsoft practically did invent the concept of selling software without conferring ownership. In the early days software was something programmers exchanged freely in little geek communities like the Homebrew Computer Club. Gates was one of the first to demand that people actually had to pay him to use his software, which many found risible at the time.
Posted by: Immanuel Tranz-Mischen   Posted on: 12/04/04 You are currently: a Guest | Members login | Terms of Use
Reply to Story Reply to Message

Alert moderator to an offensive message

Subscribe to this discussion via Email or RSS

Ummm nice start but what have MS done for you lately  Squawkbox | 12/01/04
You Want That Number In Full Or Should I Use Exponential Notation?  itanalyst | 12/01/04
Give me the Readers Digest Condensed Version  Squawkbox | 12/01/04
Start small  Spoon Jabber | 12/02/04
Adam Smith said it best.  Immanuel Tranz-Mischen | 12/04/04
Microsoft releases Internet Explorer fix  Loverock Davidson | 12/01/04
Flaws? Sorry LD but it is only 1 of many  Squawkbox | 12/01/04
Yes, but one month to fix something like this, that is ridiculous.  DonnieBoy | 12/01/04
Not a problem  mojoman_x@... | 12/01/04
Again, I must protest the monthly patch cycle..  d_jedi | 12/01/04
So much for paying for Software Assurance  Squawkbox | 12/01/04
Have you been keeping track?  Immanuel Tranz-Mischen | 12/01/04
Yes, AV companies  Spoon Jabber | 12/02/04
So much concern: it is heart-breaking....  michael-t | 12/01/04
read the licence agreement.. buy my soft and drop dead  M_c | 12/01/04
Imagine any other company ,  dave95 | 12/01/04
Agree not to hold the lease company liable  GregSalts | 12/02/04
Car Rentals are not the manufacturer  zen_dogen | 12/02/04
They are still responsible...  mds_z | 12/03/04
so we rent our OS now  JasonL31 | 12/02/04
It's always been that way  rapson | 12/02/04
Warranty for new car still the same  GregSalts | 12/02/04
Ummm  rapson | 12/02/04
Good Point  zen_dogen | 12/02/04
EULAs should be challenged.  Immanuel Tranz-Mischen | 12/04/04
No sympathy for MSFT sheepies  Chad_z | 12/01/04
Calling Mr No Axe. Calling Mr No Axe. Proceed immediately to ZDnet ...  whisperycat | 12/01/04
9.0  itanalyst | 12/02/04
ROTFLMAO! Pretty much sums him up!  Xunil_Sierutuf | 12/02/04
True  Chad_z | 12/02/04
Yawn, doesn't affect me at all  NonZealot | 12/01/04
Yawn...who cares?  AmusedAtItAll | 12/02/04
Doesn't affect me either.  Immanuel Tranz-Mischen | 12/04/04
Switched to Firefox last month... Glad I did. . . (nt)  Plain Logic | 12/01/04
Never used a MS OS  middle of nowhere | 12/01/04
"Rushed out"  Expatriate US Geek | 12/02/04
At the Zdnet reporting agency, yes  FilledOut | 12/02/04
As much as I dislike M$ . . .  Roger Ramjet | 12/02/04
Gift Horse  zen_dogen | 12/02/04
But the problem is this.....  shawkins | 12/02/04
No_Ax = No_Show  itanalyst | 12/02/04
Wow, only a month to fix a critical flaw!  Xunil_Sierutuf | 12/02/04
itanalyst = no facts / no glory  GregSalts | 12/02/04
What Does TIVO Have To Do With Microsoft's Slowness In Patching?  itanalyst | 12/02/04
Security, if Linux is so secure why are there so many TIVO Hacks?  GregSalts | 12/02/04
What the mess ??  nomorems | 12/02/04
I had to reboot all my servers again  JasonL31 | 12/02/04
I agree  rapson | 12/02/04
Don't Have To Reboot For Majority Of Patches In Linux/Unix  itanalyst | 12/02/04
If that's the only problem you're having with your servers...  Immanuel Tranz-Mischen | 12/03/04
Boy...they REALLY fixed it this time...  IT_Guy_z | 12/02/04
Worked OK for me (NT)  rapson | 12/02/04

What do you think?

SponsoredWhite Papers, Webcasts, and Downloads

advertisement
advertisement
  • Smart Tech Expert advice on innovations in healthcare and the green technologies that make it happen. Find out more
  • Smart Business Discussion and advice on management issues that revolve around making your world smarter and more useful. More Smart Advice
  • Smart People The best and worst moves in the management and strategy trenches. Learn More