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Which is funny because in the past and in other legal areas, a contract requires a meeting of the minds, requires that everyone have adequate representation ava
by jgowdy 9y ago
Which is funny because in the past and in other legal areas, a contract requires a meeting of the minds, requires that everyone have adequate representation available, etc. Yet with click through contracts you have none of that. You don’t even have any sort of validated identification of the party that supposedly “signed” the “contract.” You have lopsided terms that do nothing to create equity between parties or indicate that informed negotiation took place. It’s just one party dictating terms to another party, with the ability to rewrite those terms on a whim with some petty opt-out period.
EULA / TOS click wrap and shrink wrap licenses make a mockery of contract law out of convenience, transferring effectively what was supposed to be a reasonable agreement between two identified and informed parties and making it a completely one sided agreement dictated to one party, which nobody has actually identified until a claim arises.
The alternative is to not have license agreements. License agreements just end up including terms that companies wish they could change about the law but can’t. So instead of having to get politicians to ban reverse engineering, they just include it in their license. Instead of having to get policiticans to ban or limit class action lawsuits, they just force you out of the courts.