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Maybe some lawyer can correct me, but I don't think it is possible to legally prevent somebody from understanding how something works (unless it is an atomic bo
by lmilcin 6y ago
Maybe some lawyer can correct me, but I don't think it is possible to legally prevent somebody from understanding how something works (unless it is an atomic bomb or other state secret).
If that was possible Apple would just put a label on their iPhones and say that you are not allowed to know or even try to know how it works and that would be the end of all repairability.
- matheusmoreira 6y agoIt's not possible to prevent people from understanding how atomic bombs work either. Even the Wikipedia articles are quite detailed. The reverse engineering prohibitions became standard contract boilerplate because apparently in the USA corporations can require people to "voluntarily" relinquish their rights in order to do business with them. They require all customers to agree not to exercise any rights that could lead to economic disadvantage for them. In any sane country, I'd expect such conditions to be considered abusive by courts.
- wiml 6y agoMany of those provisions are unenforceable in the USA as well (it varies by state). But there's no rule that says that boilerplate contracts can't contain intimidating-but-ineffectual language simply to discourage people.
- matheusmoreira 6y ago> Many of those provisions are unenforceable in the USA as well (it varies by state). Good to know. I've been told otherwise... Wonder if this is documented somewhere. > But there's no rule that says that boilerplate contracts can't contain intimidating-but-ineffectual language simply to discourage people. Yeah, it sucks. Most customers aren't really familiar with law and yet they're forced to resolve these ambiguities. There's also the fact legal proceedings are extremely disruptive and costly for the average person but are routine for large companies. So even if they're unenforceable in court they can still force compliance by threatening to take people to court in the first place. It's essentially bullying in my opinion.
- TheGeminon 6y agoA big part is (AFAIK) many of these contract clauses have never been fully tested in court, so companies leave them (why not, they are potentially effective, and not definitely illegal), and consumers don't want to be the trial case.
- MaxBarraclough 6y ago> I don't think it is possible to legally prevent somebody from understanding how something works (unless it is an atomic bomb or other state secret). Also not a lawyer, but DRM might also belong on this list (DMCA).