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Yes, there were some cases that confirmed the validity of "clickwrap", unfortunately: https://www.elgaronline.com/edcollchap/edcoll/9781783479917/9781783479917.
by int_19h 2y ago
Yes, there were some cases that confirmed the validity of "clickwrap", unfortunately: https://www.elgaronline.com/edcollchap/edcoll/9781783479917/9781783479917.00010.xml https://www.elgaronline.com/edcollchap/edcoll/9781783479917/...
I don't know what the hypothetical penalty would be for mere use contrary to EULA, though. It would be breach of contract, and presumably the court would determine actual damages, but I don't know what cost basis there would be if the software in question was distributed freely. However, fine or no fine, I would expect the court to order the defendant to cease using software in violation of EULA, and at that point further use would be contempt of court, no?
- MiddleEndian 2y agoFair enough, that is quite unfortunate. So I've always avoided using the Windows Store on my Windows machines, I think I managed to get WSL2 installed without using it lol. So I'm not sure on the details, but do the steps on https://www.cursor.com/how-to-install-extension https://www.cursor.com/how-to-install-extension bypass clicking "I agree" since they just download and drag? Because from what I can tell, the example in https://www.elgaronline.com/edcollchap/edcoll/9781783479917/9781783479917.00010.xml https://www.elgaronline.com/edcollchap/edcoll/9781783479917/... is because the customer clicked "I agree" before installing.