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I edit the HTML on most end user agreements I sign to read, "I disagree and waive no rights," then I click that button. I wonder in what sense these agreements
by BlackFly 11y ago
I edit the HTML on most end user agreements I sign to read, "I disagree and waive no rights," then I click that button.
I wonder in what sense these agreements are enforceable when they cannot prove that people actually agreed with them? Hard copies of contracts are kept for a reason, I always assumed.
- ryan-c 11y agoI would really like to see that play out in court. The fix (for the companies) would be to simply include the text of the contract (or maybe even just a hash) in the form submission.
- snerbles 11y agoIf there were a way to transmit the altered user agreement back to the other party, the ramifications could be amusing.
- morninj 11y agoUnfortunately, changing the text on your end has no legal effect. It's not a contract unless the other party agrees to your change.
- mikeash 11y agoTurning into "not a contract" is a legal effect, though, and typically it's the desired one. When there's a EULA or similar, the company is trying to form a contract with you, usually with lots of unfair terms. If replacing the text with your own and clicking a button that you renamed from Agree to Disagree voids the whole thing, well, mission accomplished. There would only be a problem if the law says that not only does your modification not form a contract, but that you acted in such bad faith that you actually still somehow agreed to the original contract.
- srtjstjsj 11y ago"voiding the whole thing" means you don't have a license to the software either.
- mikeash 11y agoSoftware doesn't necessarily need a license. Purchasing software can be simply a matter of handing over money in exchange for a copy of the software. Free downloads can simply be a matter of downloading a copy of the software. EULAs are everywhere, but not because they're necessary, only because software makers see some advantage in using them.