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> so it doesn't have any legal force. There are lots of things which aren't contracts which have legal force, so this is a huge non-sequitur: you can't leap fr
by drostie 12y ago
> so it doesn't have any legal force.
There are lots of things which aren't contracts which have legal force, so this is a huge non-sequitur: you can't leap from "EULAs aren't contracts" to "doesn't have any legal force." Maybe the most charitable way to read you then is saying that it's an "unenforceable contract". But courts are often willing to enforce such contracts, so that's not really true either. Courts have given various reasons why they've enforced EULAs, but I sense that the deepest reason is as a form of syntactic sugar: there is a "right way" to formally do this sort of thing, but that "right way" is much more inconvenient than this way, so this way is allowed too. Yes, technically the store that you bought Adobe Photoshop from should have had a printed contract which they presented to you when you bought the software, much like the many papers you'll have to sign when you're buying a car -- but because you're not buying from Adobe but from a third-party reseller in a vast network, a click-through license makes a lot of economic sense in a way that the "now let's negotiate for the keys to this house!" after-the-fact contract doesn't.