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The same thing happens in the US. There's a court case where someone put a EULA inside of a CD packaging and made opening the CD sufficient to trigger the EULA.
by mind-blight 2y ago
The same thing happens in the US. There's a court case where someone put a EULA inside of a CD packaging and made opening the CD sufficient to trigger the EULA. They won, making that an acceptable easy to force a license on someone
- amiga386 2y agoIt sounds like you're misrepresenting the case https://en.wikipedia.org/wiki/ProCD,_Inc._v._Zeidenberg https://en.wikipedia.org/wiki/ProCD,_Inc._v._Zeidenberg The facts were: 1. There was a notice on the outside of the box saying that use of the product was subject to an EULA. Zeidenberg was not bound by that. 2. Zeidenberg opened the box, opened the CD case, put the CD in the drive and ran the software installer on the CD, which presented him with the full EULA and the opportunity to agree to it, or the opportunity to cancel and return the software for a refund. He clicked "Agree" to that. It was the clicking "Agree" after having a chance to review the EULA that bound him to it, not opening the packaging. Also, if he was not offered the opportunity to disagree and return the software, it would not be binding. It's unlikely it will ever be legal to claiming someone's actions before they've been presented the full license text count as assent to said license.
- hiatus 2y agoWould a store accept a return of opened software in 1996? In my experience most had a policy forbidding it.
- amiga386 2y agoIt depends on the software. It's very much like coupons too with their "participating retailers only" clauses, there will be provision for that in the contract between the distributor and the retailer. If the software says you should return it, there'll have be some agreement to allow that, either directly to the retailer or indirectly to the software vendor.