Even Supreme Court justices don't read EULAs

vbimport

#1

Even Supreme Court justices don’t read EULAs.

[newsimage]http://static.rankone.nl/images_posts/2010/10/ma8PCa.jpg[/newsimage]Every time I install a new program or sign up for a website on my computer, I roll my eyes at the paragraphs of legalese contained in the End User License Agreement and think to myself, “Who the hell reads these things anyway?”


Read the full article here: [http://www.myce.com/news/even-supreme-court-justices-dont-read-eulas-35725/](http://www.myce.com/news/even-supreme-court-justices-dont-read-eulas-35725/)


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#2

Whether you are a judge or regular consumer when you are asked to sign something or agree to something it is always best do read what you are either signing or agreeing to first no matter what, heck who knows maybe one day your signing a power of attorney and will not even know it. :eek:

Yes I do read them all even if they all are similar in what they say, I just don’t believe in “Trust thy neighbor/fellow man” :frowning:

Just my .02 cents tossed in.
[B]SJ[/B]


#3

One problem with these EULAs, is that they are agreements obtained under duress, for something which you have already paid for without being made aware of such terms beforehand.

Surely this is wrong, and I thought they were being challenged.


#4

[QUOTE=Matth;2552337]One problem with these EULAs, is that they are agreements obtained under duress, for something which you have already paid for without being made aware of such terms beforehand.

Surely this is wrong, and I thought they were being challenged.[/QUOTE]

The last time I ticked “I do not agree” to the terms of a EULA the purchase process was canceled and the software was not installed.

[B]SJ[/B]


#5

Yup, with software they catch you out both ways.

First - You have to accept the agreement to go ahead and install/use the software and unlike most agreements written on paper, you don’t even have to sign your name to be locked in to the agreement.

Second - If you don’t accept the agreement, you can’t bring the software back for a refund, at least for most software products. I remember about 6 years ago when I worked for an IT support company, I realised that “Microsoft Windows 2003 for Small Business Server” and “Microsoft Windows 2003 Small Business Server Standard” are two completely different OS’s after a costly mistake!

At the time, I bought the wrong OS not realising it and to my surprise, I could not find Microsoft Exchange, so I called up Microsoft asking how to get it and they said that Exchange is not included with this OS. I said that both the Standard and Premium version comes with exchange and these are the only two SBS versions listed on their website, but they said that the version I have is actually another version (not on their website) and is just Windows Server 2003 with several limitations imposed, unlike the Standard/Premium SBS versions that come bundled with Exchange, SQL, Outlook, etc. Sure enough, I could not get a refund as once the seal on the box is broken, it cannot be returned, even if you don’t even touch the content inside, never mind accepting the agreement at installation.

So with software, always try before you buy where possible! If you buy a printer, phone, kettle, etc. and are not happy, you can generally bring it back for a refund or store credit. If you’re not happy with a software package you purchased, then it is tough luck.


#6

The point is, AFAIK, the software agreement stuff must be readable before opening sealed stuff… so that the customer has the choice in any case. :wink:


#7

To my knowledge the EU has been busy mandating easy-to-understand agreements on software.


#8

[QUOTE=StormJumper;2552368]The last time I ticked “I do not agree” to the terms of a EULA the purchase process was canceled and the software was not installed.

[B]SJ[/B][/QUOTE]Technically all EULA’s are illegal, at least in the USA. Under US Contract law, three things are required for a contract to be valid. 1) An Offfer 2) an Acceptance and, 3) a Consideration. The Software Vendor offers the item for sale, the User accepts that offer and remits a Consideration (payment). At that point the contract is complete and neither party may alter it in any way without mutal agrrement from both parties.

Since the EULA is not completed PRIOR to the Acceptance and Consideration, it constitutes and illegal modification of the contract and is null and void. The fact that under SOME circumstances the Software vendor might refund your money if you don’t agree with the EULA is irrelevant. Since the EULA was not part of the original offer, neither the acceptance nor the consideration are contingent upon it.

This has not yet been ruled on by the US Supreme Court, however at some point it must be. The remedy is quite simple. The EULA must be disclosed and signed prior to payment.


#9

[QUOTE=StormJumper;2552368]The last time I ticked “I do not agree” to the terms of a EULA the purchase process was canceled and the software was not installed.

[B]SJ[/B][/QUOTE]

[QUOTE=Gweedosezz;2552593]Technically all EULA’s are illegal, at least in the USA. Under US Contract law, three things are required for a contract to be valid. 1) An Offfer 2) an Acceptance and, 3) a Consideration. The Software Vendor offers the item for sale, the User accepts that offer and remits a Consideration (payment). At that point the contract is complete and neither party may alter it in any way without mutal agrrement from both parties.

Since the EULA is not completed PRIOR to the Acceptance and Consideration, it constitutes and illegal modification of the contract and is null and void. The fact that under SOME circumstances the Software vendor might refund your money if you don’t agree with the EULA is irrelevant. Since the EULA was not part of the original offer, neither the acceptance nor the consideration are contingent upon it.

This has not yet been ruled on by the US Supreme Court, however at some point it must be. The remedy is quite simple. The EULA must be disclosed and signed prior to payment.[/QUOTE]
Oh I agree with you the EULA should be disclosed and signed prior to payment, I only pointed out if you don’t agree to the EULA the purchase/payment is canceled at least it has been for me.

BTW…All EULA’s are technically illegal :confused: so what you are saying is that Microsoft, Apple and all the other software manufacturers are braking the law :confused: if I remember right a few government run company’s also use EULA’s, but like you said “This has not yet been ruled on by the US Supreme Court”

[B]SJ[/B]


#10

I love freeware, as it simplifies everything.