Byte Rights: Read 'I Agree' to Continue

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Modred189

EULAs do not make law, sorry, they simply take advantage of copyright law. Copyright law that your much-maligned congress created in the US copyright act 28 U.S.C. 101. A statute backed by hundreds of years of common law.

New cases have continued the last practices, only with software. Specifically that called the "ClickWrap" principle first outlined in ProCD v. Zeidenberg, and later upheld in many different ways including on prebuilt systems and downloaded software. All upheld by the Supreme Court.

 

Personally, I find it hard to have any sympathy for people who feel 'burned' by a EULA. It's a contract. You're agreeing to it and its contents. It contains a clause that says if you don't agree to the terms of the EULA you can get a refund. If you don't read it, it's not the software company's fault you didn't read what you said you did.

 

Furthermore, can you blame the companies for selling you a license as opposed to an actual copy? No software company would ever be able to make any money... 

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shellpc

Umm, book publishers make money selling you a copy. So do record labels selling cds and most any other industry that sells you a copy. So how does a software company NOT make money by selling you a copy instead of a license?

The fact the nature of software allows you to install it onmultiple computers? People do this already (even though they shouldn't). Doing so should be considered a violation of copyright law as you only bought 1 copy.

Also, we rely so much on computers and software in our daily lives that unless you want to go back to the dark ages or be severely handicapped compared to your competitors you really don't have a choice on disagreeing with an EULA. Its just not feasible.

 

I do agree developers are entitled to protect their works, just like any other creator of a work. I also agree with Quinn that licenses tend to give the developers too much power of what you can and can't do with thier software.

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Saltboy

They are taking some advantage of contract law as well, no?

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Modred189

And that's their right as the seller and the writer of the contract. It would not make sense any other way. If you don't agree, don't install the software and get your refund.

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nekollx

except they wont give a refund short of a lawsuit 

------------------------------
Coming soon to Lulu.com --Tokusatsu Heroes--
Five teenagers, one alien ghost, a robot, and the fate of the world.

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Modred189

As I said back in the other thread, that's just patently false... In fact they make sure that such refund requests, infrequent as they are, occur very quickly. It's in their best interest to react quickly and in your favor in such situations, so when they are brought into court, they can point to their perfect adherence to their own policies. Read such cases, they ALWAYS point to it.

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nekollx

 not in every company, in the few times i tried to retun something i got firewalled, and i'm not the only one.

------------------------------
Coming soon to Lulu.com --Tokusatsu Heroes--
Five teenagers, one alien ghost, a robot, and the fate of the world.

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big_montana

Actually, most EULA's state that if you do not agree with the license than return the software to the manufacturer for a refund, as no retial outlet will give you a refund for opened software. Also try getting a manufacturer to give you a refund without you first having to file a lawsuit against them to uphold the terms of their license. They use the license for tehir benefit and their benefit only.

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Modred189

Of course they use the EULA for their benefit, that's the point. But there are clauses in the EULA for the licensee's benefit as well. The Binding arbitration clause makes any claims you bring against the company MUCH cheaper to deal with, and much faster to handle.

 

But that aside, when you opt to return your software for a refund, an option I've used twice, the process is very easy and very fast. Both times (once with EA and once with Activision), I had my refund (minus taxes, of course) within two weeks of contacting the company in question. Their legal departments make sure that they uphold their side of their EULAs explicitly, that way, when someone sues them from the other side of the click-wrap barrier, there is no argument for the buyer against their previous performance. 

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nekollx

 ABSOLUTELY NOTHING!

------------------------------
Coming soon to Lulu.com --Tokusatsu Heroes--
Five teenagers, one alien ghost, a robot, and the fate of the world.

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Caboose

 You know, the original title of the book War and Peace, was going to be "War, what is it good for?" Absolutely nothing! HUH! </Elaine>

 

-= I don't want to be dead, I want to be alive! Or... a cowboy! =-

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nekollx

Say it again now! 

------------------------------
Coming soon to Lulu.com --Tokusatsu Heroes--
Five teenagers, one alien ghost, a robot, and the fate of the world.

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