OT: click license (was Re: Software Licensing and Sanity (was ...))

[Kenneth Brody]

"Brian K. White" wrote:
[...]
> >> 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.
[...]

Well, I don't know if it's been challenged recently in the courts, but I've
seen "click to agree" license agreements that require you to (1) scroll down
through the entire text of the agreement before enabling the box for step 2,
(2) click on an "I agree" box, and finally (3) click "proceed".

Yes, it's still possible for you kid/cat/cup of coffee do all of these for
you, but it's less likely.  I guess the idea is to make it harder for you
to claim "but I didn't agree to that".  (Though anyone who's seen Alex on a
computer could easily testify that, having him see it done once, could do it
himself if he so chose.)

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| Kenneth J. Brody        | www.hvcomputer.com |                             |
| kenbrody at spamcop.net | www.fptech.com     | #include <std_disclaimer.h> |
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