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You acknowledged that you were aware of these facts when you read the EULA (you did read it, right?) at some point in the past when installing or updating iTune

by w0utert 12y ago

You acknowledged that you were aware of these facts when you read the EULA (you did read it, right?) at some point in the past when installing or updating iTunes (or whatever other service). I know it's ridiculous but that's how it works, make sure to show a 50+ page 'you basically have no rights' notice that you have to 'agree', and you can strip whatever privileges you like from your paying customers.

DanBC 12y ago
That doesn't work in Germany and probably not in other EU countries. Cookie law shows that Europe will go after these small things. (But also that their "solution" might be stupid.)
frabcus 12y ago
Nobody reads EULAs. They are irrelevant in a historical context. They'll clearly be replaced by consumer law at some point. You don't have to sign a 20 page license to go into a shop and buy a banana, do you? And yet there are all sorts of property and purchasing rights (for buyer and seller) associated with that. The correct way of talking about this now is to discuss what the consumer law should say which will replace EULAs.
- w0utert 12y ago
  Obviously I understand that nobody reads EULA's, and I completely agree that its crazy they even exist. Judging from the fact that I got downvoted for simply stating the obvious it appears people assume I'm ok with EULA's, but I'm not. That doesn't mean they don't exist though, and even though I don't know the intricacies of their legality, the fact that I'm not aware anyone ever successfully challenged an EULA in court (which would mean they should be history by now), I'm assuming that, sadly, content owners and distributors can strip your rights by presenting you with an EULA that no-one reads.
marcosdumay 12y ago
No, sorry, I didn't read the EULA. Also, I'm not a lawyer, and wont hire one to review each piece of software I use. In fact, I'm so wiling to take legal risks that I'll even greet my neighbors without consulting a lawyer first!
pluma 12y ago
Not all EULAs hold up in all jurisdictions.

by w0utert 12y ago

DanBC 12y ago

That doesn't work in Germany and probably not in other EU countries. Cookie law shows that Europe will go after these small things. (But also that their "solution" might be stupid.)

frabcus 12y ago

Nobody reads EULAs. They are irrelevant in a historical context. They'll clearly be replaced by consumer law at some point. You don't have to sign a 20 page license to go into a shop and buy a banana, do you? And yet there are all sorts of property and purchasing rights (for buyer and seller) associated with that. The correct way of talking about this now is to discuss what the consumer law should say which will replace EULAs.

w0utert 12y ago
Obviously I understand that nobody reads EULA's, and I completely agree that its crazy they even exist. Judging from the fact that I got downvoted for simply stating the obvious it appears people assume I'm ok with EULA's, but I'm not. That doesn't mean they don't exist though, and even though I don't know the intricacies of their legality, the fact that I'm not aware anyone ever successfully challenged an EULA in court (which would mean they should be history by now), I'm assuming that, sadly, content owners and distributors can strip your rights by presenting you with an EULA that no-one reads.

marcosdumay 12y ago

No, sorry, I didn't read the EULA. Also, I'm not a lawyer, and wont hire one to review each piece of software I use. In fact, I'm so wiling to take legal risks that I'll even greet my neighbors without consulting a lawyer first!

pluma 12y ago

Not all EULAs hold up in all jurisdictions.