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Fighting Back Against EULAs
An anonymous reader writes: "Fed up with increasingly obnoxious click-through "agreements" embedded in the retail software I buy, I've posted a very simple script to remove them before clicking "I agree". Without the EULA, I am free to use my software within the bounds of copyright law. Courts have been very inconsistent on the enforceability of EULAs, and I hope this will strengthen consumers' side of the battle. The script is a symbolic gesture as much as anything else, and I want to get people thinking about how ridiculous it is that software companies try to force these one-sided contracts on you after you have paid for something. Also worth a look is cexx.org's Software Vendor License Agreement, which reverses the typical EULA and puts the burden back on the software manufacturer where it belongs."
about this, is that the SW companies want to treat the EULA like a contract. But there's no negotiation. The power of the parties is vastly different. Take it or leave it contracts often don't stand.
I'm obviously not a lawyer, but these are points that have come out in court, when contracts are challanged.
What's so interesting about this, is that it gives the user a chance at negotiation. Sure, it's a farce, but so is the "contract" the EULA tries to put in place. (There's no consideration - you bought the software - money for package - there's the consideration. Now, you must click the EULA too? There's no consideration (transfer of something valuable) happening then, so no contract can ensue.
So changing the contract to something else isn't any more crack-pipe'ish then the usual EULA.
Lastly, have you ever read any of those EULA's? I'd bet that 10 lawyers would come up with 10 significantly different interpretations of the "contract." That doesn't even take into account what the courts might do. So, reading your own EULA is almost futile, and who can afford to get an expert legal opinion on 10+ pages of legaleese for every software product they buy.
EULA's need to get challenged in court, and struck. UCITA needs to die an ugly and nasty death. With UCITA, EULA's will have the real power of law, not just a sham that the SW companies want you to believe.
Make sure you discuss UCITA with your STATE representatives. UCITA has to pass in your state for it to make it into UCC. You might even consider working to pass laws that provide protections against vendors who are (or will be) in UCITA states.
Cheers!
Check out Bad Software They have a nice little series of things to quote at the drones telling you that you can't return it.
What about this, which is a court finding that says that despite the EULA, the exchange of money for software is a sale. From the article in question:
Here's a link to the full text of the decision.
Key to financial independence: Spend less than you earn. Save and invest the difference. Do it for a long time.
I tried to return a Win2K to the shop after having second thoughts. It was an academic license and I wasn't technically a student any more, so I failed to meet the requirements. The shop ofcourse refused to have it back (it was open, how else could I read the requirements), but in the end they gave me 90% of the price back. I complained to the local Microsoft office and they basically admitted that they had no way to force the shops to accept their "return to shop" policy even if it is printed on the box.
They did give me a free WinXP Pro instead, so I'll live.
/RS