5 ms·
Well that's a whole other debate, but I'd like to know the legality now.
by Sosh101 5y ago
Well that's a whole other debate, but I'd like to know the legality now.
- xwdv 5y agoYou agreed to the terms of service. There is little to nothing you can do.
- Sosh101 5y agoYou can't write just want you want in an agreement. There are things that are not legally enforceable - even if the other party has agreed to them.
- ryandrake 5y agoI wonder if a company included "We have the right to send a company agent to enter your home and destroy this product." in their Terms Of Service, and you "agree" to it, would that simply allow them to do so? EDIT: I am not a lawyer, but I've always been surprised that Terms Of Service and End User License Agreements aren't routinely voided by courts. Aren't they perfect examples of unconscionable and adhesive [1] contracts? These seem to tick all the boxes: One-sided, no meaningful choice, no meeting of the minds, significant differences in bargaining power between the parties, no ability to negotiate, take-it-or-leave-it terms. You'd think these things were total junk, but they're everywhere and somehow enforceable? Why? 1: https://www.jensenlawmn.com/adhesion-contracts-unconscionable https://www.jensenlawmn.com/adhesion-contracts-unconscionabl...
- Sosh101 5y agoAnd it's the same for more subtle matters too.
- xwdv 5y agoThis would make a good movie or series, about a person whose job it is to go do things like this, and at times it could get dangerous when they encounter people who staunchly believe these EULAs are unenforceable.
- eru 5y agoKeep in mind that a license is different from a contract. Have a look at https://en.wikipedia.org/wiki/GNU_General_Public_License#License_versus_contract https://en.wikipedia.org/wiki/GNU_General_Public_License#Lic... for an example of the difference.
- vel0city 5y ago> One-sided Its not really one-sided, if I agree to it then I can play Nintendo games on Nintendo hardware on Nintendo online services. Some people see that as a big benefit. > no meaningful choice I definitely have a choice on whether or not I buy/use a Nintendo Switch. My life won't end if I can't play Breath of the Wild or Smash Bros.
- AnIdiotOnTheNet 5y agoSure, but someone would still have to call them on it and go through years of litigation and related expenses.
- selcuka 5y agoEverything is legal until it's not. Unless someone takes it to court they will get away with it. When that happens they will find a slightly more expensive and slightly more legal way to prevent piracy. Rinse and repeat.