Hollywood: Norwegian hacker a burgler

TalkBack 45 of 64:

Next »

« Previous

• Thread View
• Flat View

EULAs failing

I don't think the companies pushing EULAs are doing at all well.

If they were confident of their legal basis they wouldn't be pushing for the states to adopt UCITA.

Also several states have put laws in place to protect their consumers from the UCITA states.

There's also the case brought against MS for the EULA that says she could return it to the shop and get a refund if she didn't agree with the EULA, but she found out she can't return it. The shop doesn't take it back, and even if it did she would have had the expense/penalty of the return trip.

A quick googling:
http://news.com.com/2100-1001-983988.html

Thats a total kiss of death, the whole basis of terms after a sale was very iffy even if she could have got her money back.

""Defendants acted in concert and have concocted a scheme to sell consumers in the state of California software licenses in retail stores without allowing them to review the terms and conditions of such software licenses prior to sale," Ira Rothken, Baker's lawyer, wrote in the complaint.

Further, the suit claims that people who don't accept the terms of the agreement cannot return software to the stores. According to the suit, Baker tried to return the Microsoft and Symantec software to CompUSA after refusing to consent to the licensing terms. However, CompUSA refused to take the software back, saying the packages had been opened, according to the suit.

End-user license agreements have become a hot-button issue in the tech industry as more and more companies try to forge increasingly restrictive contracts. Some companies have tried to ban class-action lawsuits, damages or reverse engineering of their products.

In one of the few cases so far to test the limits of such agreements, a judge in New York ruled last month that Network Associates could not enforce wording that prohibited reviews of its product without prior consent. "

There's a nice discussion of the case law here:

http://www.law.berkeley.edu/institutes/bclt/pubs/annrev/exmplrs/bp/ucitabp.pdf

Posted by: Nigel Johnstone   Posted on: 12/05/03 You are currently: a Guest | Members login | Terms of Use

Alert moderator to an offensive message

Subscribe to this discussion via Email or RSS

SponsoredWhite Papers, Webcasts, and Downloads

• Designing a Balanced Architecture With Oracle RAC and VERITAS Software for Linux Dell Introducing Oracle RAC into an IT infrastructure and using Linux as the ... Download Now
• Security Explorer for File Servers Version 7.0.23 ScriptLogic Security Explorer is a powerful, graphical solution for real-time ... Download Now
• Scaling Out With Oracle RAC 10g on Dell Clusters Dell Oracle Database 10g is designed to enable enterprise grid computing, which ... Download Now