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CA Court Strikes Blow Against Hidden EULAs

vsprintf writes "Ed Foster's Gripelog has a story on California's ruling against some of our favorite software producers and software retailers. EULAs inside the shrinkwrap are no longer good enough. Retailers with rules against accepting returns of open software could be in for hefty fines or settlements. Finally, a break for the buyer. May this spread quickly to other states."

5 of 640 comments (clear)

  1. Parent is topical, i.e. hidden EULA's by Anonymous Coward · · Score: -1, Offtopic

    Mod up as funny or inciteful [sic].

  2. Off Topic But... by ET_Fleshy · · Score: 0, Offtopic

    This is nowhere near topic but internet history is being made, check out this web site to see what it's all about!

  3. Re:The Age of Wal-Mart by Mike+Hawk · · Score: 0, Offtopic

    Ouch, well clearly whats good for your small community is good for everyone! Even inner-cities with no good jobs to lose in the first place! Man I wish I both knew what was better for everyone else based on my small community experience AND had the mod points to enforce my views on others.

  4. the only EULA i agree to is... by Anonymous Coward · · Score: -1, Offtopic

    the GNU/GPL

    GNU LIBRARY GENERAL PUBLIC LICENSE
    Version 2, June 1991

    Copyright (C) 1991 Free Software Foundation, Inc.
    675 Mass Ave, Cambridge, MA 02139, USA
    Everyone is permitted to copy and distribute verbatim copies
    of this license document, but changing it is not allowed.

    [This is the first released version of the library GPL. It is
    numbered 2 because it goes with version 2 of the ordinary GPL.]

    Preamble

    The licenses for most software are designed to take away your
    freedom to share and change it. By contrast, the GNU General Public
    Licenses are intended to guarantee your freedom to share and change
    free software--to make sure the software is free for all its users.

    This license, the Library General Public License, applies to some
    specially designated Free Software Foundation software, and to any
    other libraries whose authors decide to use it. You can use it for
    your libraries, too.

    When we speak of free software, we are referring to freedom, not
    price. Our General Public Licenses are designed to make sure that you
    have the freedom to distribute copies of free software (and charge for
    this service if you wish), that you receive source code or can get it
    if you want it, that you can change the software or use pieces of it
    in new free programs; and that you know you can do these things.

    To protect your rights, we need to make restrictions that forbid
    anyone to deny you these rights or to ask you to surrender the rights.
    These restrictions translate to certain responsibilities for you if
    you distribute copies of the library, or if you modify it.

    For example, if you distribute copies of the library, whether gratis
    or for a fee, you must give the recipients all the rights that we gave
    you. You must make sure that they, too, receive or can get the source
    code. If you link a program with the library, you must provide
    complete object files to the recipients so that they can relink them
    with the library, after making changes to the library and recompiling
    it. And you must show them these terms so they know their rights.

    Our method of protecting your rights has two steps: (1) copyright
    the library, and (2) offer you this license which gives you legal
    permission to copy, distribute and/or modify the library.

    Also, for each distributor's protection, we want to make certain
    that everyone understands that there is no warranty for this free
    library. If the library is modified by someone else and passed on, we
    want its recipients to know that what they have is not the original
    version, so that any problems introduced by others will not reflect on
    the original authors' reputations.

    Finally, any free program is threatened constantly by software
    patents. We wish to avoid the danger that companies distributing free
    software will individually obtain patent licenses, thus in effect
    transforming the program into proprietary software. To prevent this,
    we have made it clear that any patent must be licensed for everyone's
    free use or not licensed at all.

    Most GNU software, including some libraries, is covered by the ordinary
    GNU General Public License, which was designed for utility programs. This
    license, the GNU Library General Public License, applies to certain
    designated libraries. This license is quite different from the ordinary
    one; be sure to read it in full, and don't assume that anything in it is
    the same as in the ordinary license.

    The reason we have a separate public license for some libraries is that
    they blur the distinction we usually make between modifying or adding to a
    program and simply using it. Linking a program with a library, without
    changing the library, is in some sense simply using the library, and is
    analogous to running a utility program or application progr

  5. Re:What next? by Vaughn+Anderson · · Score: 0, Offtopic
    What are supposed to do if you bought an upgraded internet, and it's still in the box? And your old internet isn't working? :(