4 ms·
Citation needed? In the US there have been cases where EULAs have been upheld, not sure about outside. There is a lot of misinformation on the internet about
by joshvm 12y ago
Citation needed?
In the US there have been cases where EULAs have been upheld, not sure about outside. There is a lot of misinformation on the internet about whether they're valid, whether you have to explicitly accept them and so on. I think in a lot of cases it depends on how much money the prosecutors have - in most cases it's more than you.
I believe they're invalid if the terms are confusing to the lay-user, i.e. if there is so much legalese that nobody actually understands what they're signing up for. Or if it makes ridiculous claims like "Buy buying the product you forfeit your soul".
http://www.theregister.co.uk/2007/04/25/microsoft_eula/ http://www.theregister.co.uk/2007/04/25/microsoft_eula/
El Reg reckons it's not worth testing it, for the lawyer-money problem. There haven't been enough lawsuits outside the US to really say one way or the other.
- pjmlp 12y agoFor example, http://www.eurogamer.net/articles/2012-07-03-eu-rules-publishers-cannot-stop-you-reselling-your-downloaded-games http://www.eurogamer.net/articles/2012-07-03-eu-rules-publis... In case you can read German, http://de.wikipedia.org/wiki/Endbenutzer-Lizenzvertrag http://de.wikipedia.org/wiki/Endbenutzer-Lizenzvertrag in Germany, a EULA is only valid if the consumer is able to fully read it before paying for the respective product.
- wolfgke 12y agoEven more > http://de.wikipedia.org/wiki/Endbenutzer-Lizenzvertrag#Situation_in_Deutschland http://de.wikipedia.org/wiki/Endbenutzer-Lizenzvertrag#Situa... (German, sorry; I'll try to translate it roughly into English): "Even if the license terms were agreed when buying, their effectiveness can be restricted. Then they are general business terms and their content is governed by the content control of the Civil Law Code.". Thus many of terms in EULAs are not valid under German law - the terms that are allowed are rather restricted (and thus lots of Germans will not understand the fealty that US citizens seem to have to EULAs).