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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.'"
Sure nobody reads them but we all know what they say: you will not sue us and we take no responsibility for anything.
The fact he didn't read it is irrelevant. Not to mention that by clicking yes you say that you have read and agreed, meaning if you didn't read you are lying and thus don't have a leg to stand on anyway.
What happens if you pop in your Linux, OS2, FreeDos, etc, etc bootable install
disk right after powering on the machine, and you never ever see the EULA
screen?
emt 377 emt 4
By reading this sentence you agree to sending me $10,000.