Software Licensing and Sanity (was Re: Moving from SCO toSuseLinux)

[Brian K. White]

Kenneth Brody wrote:
> Fairlight wrote:
> [...]
>> That sneakwrap and clickwrap licensing has gotten to the point it
>> has is just a testament to people's willingness to take a bad idea
>> to worse extremes in the name of greed/power/whatever.  I mean, how
>> can you agree to something you haven't even had a chance to read
>> up-front before purchase. And try returning it after opening it if
>> you don't agree.  Most will simply ignore it entirely in those cases.
>
> I think the courts have already decided that you must be able to read
> the license agreement prior to opening it, or else be allowed to
> return it after opening it.  (ie: you can't be bound to the terms of
> an agreement that you cannot see until after agreeing to it.)
>
>> I wonder if anyone's ever challenged any EULA in court on the basis
>> that you've never signed a contract at all, and simple use of the
>> product is not enough to signify that you agree with the terms
>> included therein.
>
> That's why most software now requires you to click "I agree" as part
> of
> the installation process.  (I don't think "sure, I signed that
> contract, but I chose not read it" is an accepted line of defense.)

It's reasonably easy to accidentally click any button, or have it clicked by
common unpredictable mishaps (kid throws a toy, dog jumps up to say hi, you
you hit something with your elbow while looking off in some other direction
while on the phone or  dealing with some other distraction, mouse glitch
causes buttn press you didn't request.

It's not so easy to sign your name on a piece of paper by accident.

I would not feel bound by any agreement that consists of only clicks.

Then there is still the whole issue of how easy it is to fake anything that
happens digitally. Or rather, even if it's not so easy to perform a fake
action, it is still easy for said fake to be perfect. No physical evidence
exists to examine to find a fake. One of those "how we got'm" documentaries
showed the lengths a guy went to to create a fake winning lottery ticket. It
was _good_, but, they found him out. There is a certain amount of forensics
and tracing possible in the digital world too, but generally, the only
things they can find are things the bad guy chooses to leave.

Brian K. White  --  brian at aljex.com  --  http://www.aljex.com/bkw/
+++++[>+++[>+++++>+++++++<<-]<-]>>+.>.+++++.+++++++.-.[>+<---]>++.
filePro BBx  Linux SCO  Prosper/FACTS AutoCAD  #callahans Satriani