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Man Sues Gateway Because He Can't Read EULA

Scoopy writes "California resident Dennis Sheehan took Gateway to small claims court after he reportedly received a defective computer and little technical support from the PC manufacturer. Gateway responded with their own lawyer and a 2-inch thick stack of legal docs, and claimed that Sheehan violated the EULA, which requires that users give up their right to sue and settle these cases in private arbitration. Sheehan responded that he never read the EULA, which pops up when the user first starts the computer, because the graphics were scrambled — precisely the problem he had complained to tech support in the first place. A judge sided with Sheehan on May 24 and the case will proceed to small claims court. A lawyer is quoted as saying that Sheehan, a high school dropout who is arguing his own case, is in for a world of hurt: 'This poor guy now faces daunting reality of having to litigate this on appeal against Gateway...By winning, he's lost.'"

26 of 666 comments (clear)

  1. Poor guy by Soch · · Score: 2, Funny

    However good this guy may be, he's gonna have a hard time handling this without a computer!

    --
    Everything and everyone is an aspect of Gd. So remember to show proper respect!
  2. Sorry but... by Trojan35 · · Score: 4, Funny

    poor guy?

    Poor guy? Yes, create more pity for him. After all, you sold him a defective computer, then refused to fix it. Then let the situation make it all the way to small claims court. You've got him right you want him.

  3. Re:EULAs are not meant to be read by MyLongNickName · · Score: 4, Funny

    Absolutely. I am almost done reading an EULA on my other PC. When I am done, I look forward to finishing building my Win 95 system, working off of 3.1 sucks!

    --
    See my journal for slashdot ID's by year. Mine created in 2005. http://slashdot.org/journal/289875/slashdot-ids-by-year
  4. Re:EULAs are not meant to be read by Anonymous Coward · · Score: 2, Funny

    My grandfather did. He printed every single one of them out. Read them, and put them in a binder. He's dead now. I think the EULA's killed him.

  5. Re:When you buy a new PC... by Jon+Luckey · · Score: 4, Funny

    ... that have the EULA in print?

    Actually, thanks to this guy, every Gateway purchaser will have to listen to a .WAV of the EULA played through the speakers (including the motherboard P.O.S.T speaker) as well as read it on the screen.

    --
    -- 3 events that reshaped the world in the 20th century: WW1, WW2, and WWW
  6. Re:Small Claims by Chuckstar · · Score: 3, Funny

    Although maybe a judge would use slightly different wording. ;)

  7. Ouch by Anonymous Coward · · Score: 1, Funny

    Gateway is pretty voracious in a legal setting. Having sued everyone out of existence that used the word 'Gateway' or the 'Cow spot design'; I suspect this guy is in deep shit. Yes; Gateway sued dairy companies because people apparently associate cows with computers, not dairy products, and they wanted to keep it that way. I'm posting this anonymously so gateway doesn't sue me or try to take away my plush cow slippers.

  8. Re:Perhaps you can sue for that? by Profane+MuthaFucka · · Score: 2, Funny

    That would risk a counter suit for misusing the EULA. The EULA is a license, not a means of suicide.

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    Fascism trolls keeping me up every night. When I starts a preachin', he HITS ME WITH HIS REICH!
  9. Re:"By winning, he's lost." by Anonymous Coward · · Score: 5, Funny

    You guys must sell a whole lot of weed.

  10. Don't Do It! by Robber+Baron · · Score: 3, Funny

    Absolutely. I am almost done reading an EULA on my other PC. When I am done, I look forward to finishing building my Win 95 system, working off of 3.1 sucks! Don't do it! 3.1 is way better than 95!
    --

    You're using her as bait, Master!

  11. Re:dubious, even if it "worked" by Anonymous Coward · · Score: 5, Funny
    You can't sign a contract that violates the law any more than you can sell yourself into slavery.

    Whaaa??? I am gonna so kick Master's ass when he gets home!

  12. Re:"By winning, he's lost." by Anonymous Coward · · Score: 5, Funny

    I dropped out of high school and started working at 15, as a Lotus Notes developer Why am I not surprised at all by this statement.
  13. Re:Beyond rediculous by EvanED · · Score: 2, Funny

    This is America. We've been surrendering our rights for the past 50 years with a dumb smile on our faces.

    I'm sorry, I believe you misspelled "about 225".

  14. Re:"By winning, he's lost." by MyLongNickName · · Score: 4, Funny

    Myself, I dropped out of high school and started working at 15, as a Lotus Notes developer

    Wow. You should make a PSA. If that doesn't scare kids into staying in school, I don't know what will.

    --
    See my journal for slashdot ID's by year. Mine created in 2005. http://slashdot.org/journal/289875/slashdot-ids-by-year
  15. Re:Small Claims by Jah-Wren+Ryel · · Score: 2, Funny

    The bad news is that nobody can tell you whether a given EULA will be enforced, given all the things on which their enforceability depends. No ways! That's GREAT NEWS ... for lawyers!
    --
    When information is power, privacy is freedom.
  16. Re:"By winning, he's lost." by myyrk · · Score: 5, Funny

    He did it was a joint venture.

  17. Re:dubious, even if it "worked" by Hal_Porter · · Score: 5, Funny

    A lot of posts here are easier to read if you mentally replace IANAL with EOF, i.e. stop reading at that point.

    --
    echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
  18. Re:"Shut and dry"? by Anonymous Coward · · Score: 1, Funny

    This mix-and-match shit has got to go.

  19. Re:2 words - statutory rights. by ancient_kings · · Score: 3, Funny

    So true. I was just about to purchase several hundred Gateway PCs. Now I'm reconsidering it....

  20. Re:dubious, even if it "worked" by Anonymous Coward · · Score: 1, Funny

    Ha!, I'm going to kick my wife too...

  21. Re:"By winning, he's lost." by tautog · · Score: 2, Funny

    You must be new around here.

  22. Re:"By winning, he's lost." by Nick+Number · · Score: 4, Funny

    Heck, try getting one when you can't even spell diploma.

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    Promote proofreading. Don't mod up sloppy posts.
  23. Re:dubious, even if it "worked" by complete+loony · · Score: 5, Funny

    A lot of posts here are easier to read if you mentally replace Replace what?
    --
    09F91102 no, 455FE104 nope, F190A1E8 uh-uh, 7A5F8A09 that's not it, C87294CE no. Ah! 452F6E403CDF10714E41DFAA257D313F.
  24. Re:When you buy a new PC... by legojenn · · Score: 2, Funny

    I agree with you.

    Yeah, but you didn't click the 'I agree' button.
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    I make a reasonable middle-class wage by going to work and not spamming blogs with scams.
  25. Re:"By winning, he's lost." by kkwst2 · · Score: 4, Funny

    Another satisfied customer.

  26. Re:dubious, even if it "worked" by tehcyder · · Score: 4, Funny

    You are also able to leave the armed forces. These days it's as easy as planting evidence that you're homosexual
    Why not just say "I'm homosexual" rather than going around leaving tantalising clues such as a box of Judy Garland CD's or a copy of "Macworld" on your bunk?
    --
    To have a right to do a thing is not at all the same as to be right in doing it