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I vaguely remember computer magazines in the early 2000s talking about that: some lawyers suggested that EULAs were of questionable enforcability because they w
by redwall_hp 4y ago
I vaguely remember computer magazines in the early 2000s talking about that: some lawyers suggested that EULAs were of questionable enforcability because they were negotiated solely by one party with legal resources and signed by one party without. The general status quo seems to have been "make threats and settle out of court" ever since, avoiding any sort of legal precedent being set.
I'm not a lawyer, so perhaps I'm unaware of a high profile case where such a thing happened, but as far as I'm aware EULAs are very similar to the state of DMCA takedowns: widely used as a cudgel against the little guy, since most people don't have the resources to fight it out in court, and in the rare cases of resistance they go for an out of court settlement.
- xtracto 4y agoI'm not from the USA, but why hasn't someone actively gone through the law system to take EULAs to their final consequences (hopefully being dismissed by a court as one for a). I understand that companies would try to settle out of court, but why hasn't someone setup a company that doesnt settle just for the sake of establishing precedent?