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

[Bill Campbell]

On Fri, Jul 30, 2004, 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.)

Why not?  In the U.S. somebody can buy a cup of coffee at a fast food
place, pour it in their crotch, then get millions in ``damages'' because
they were careless and stupid.

It would probably be fairly easy to establish that the stuff one clicks on
during installation was illegible, either because of tiny fonts, horrible
color selections, or perhaps it wasn't in the native language of the reader
(who may only read English, not legalese).

Bill
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