Having a bowl of cornflakes:
One minute of preparation.
Three minutes of eating.
Ten minutes of clicking "I accept" on all the EULAs popping up.
Hmmmno.
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Perhaps people would try and be a bit more succinct if the entire EULA, by law, had to be displayed on the retail box.
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And in normally readable font; no size-2 nonsense.
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That's like...worse than a YouTube Poop easter egg.
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The only reason they aren't succinct is to cover all their bases. If a company intends to do something with your software or if they have special conditions for use, they have to notify you beforehand so you cannot take them to court over it later. That's really about it. It's not to screw you over -- in fact, it's for pretty much the exact opposite.
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So let me get this straight. You think that they are trying to what, protect us? By limiting the use and conditions of said product? By giving us their very arbitrary terms AFTER purchasing said product already? Not just purchasing but opening and starting to install said product? Thats like buying the ingredients for a sandwich, getting them home, opening everything, you starting building the sandwich and then suddenly your told you cant do x y and z to your sandwich.
Lets get this clear, the EULA is legal jargon used by companies to protect themselves for their own greed. Forcing the user/consumer to agree to a set of terms that are hardly legal just so they can use the product they paid for. "Service may be terminated for any reason...", "..may not modify or otherwise change...", "..you accept these conditions...", "Can not sue in the event of damaged hardware or loss of data...", "... to not share or resell this product..". Do these sound like consumer protections to you?
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ELUA's are in fact legally binding in most countries. To claim otherwise is a gross misstatement of fact.
Also I can't seem to find a single article about how Germans are 'supposedly' only subjected to ELUA's if they are mailed to them or mailed in. Someone needs to post a relevant link to SOMETHING because I keep hearing this from Germans yes I can't find anything even remotely close. Also note SAP is in Germany and those crazy bastards ship me stuff all the time and I never have to send them any garbage back. The only country that makes people do that are the Italians, which make companies 'extra double pinky promise' that their company is not a mafia front (seriously I had to sign this stuff)
Also as another counter-argument, Xbox Live operates entirely legally in Germany and has an ELUA that's almost 99% identical to the one used by most other countries. And lacks any clause that requires users to mail in anything to accept the ELUA.
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This leads me to ask, are words copyrighted?
Like do I need to pay royalties to Websters Dictionary for using English?
I just want to know before SOPA removes my face for writing this.
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You didn't show JooJooFace the EULA first. Or are you going to accuse JJF of pirating your words?
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Nope, but you cannot copy the body of work and publish it.
Dictionaries cannot sue people for using definitions or words, but they can sue people for copying entire pages and publishing them (in hard copy for or online) as long as it doesn't fall under fair use.
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Nope, but you cannot copy the body of work and publish it. Dictionaries cannot sue people for using definitions or words, but they can sue people for copying entire pages and publishing them (in hard copy for or online) as long as it doesn't fall under fair use.
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Because with objects like money, you are expected to know and follow the law without being told each time. If you break federal law by doing illegal things with currency, you will go to prison for a fairly long time depending even if you weren't told what the law is on the issue. Ignorance of the law is not a valid excuse.
And most items you buy have some form of EULA-like document. When you open a box, look for the manual or guide. I guarantee you it has certain terms or notifications for the user. Legally speaking, including these terms in a manual is enough of an effort on the manufacturer's part to make sure they're safe in court. Software is a different ballgame and they generally choose to have the user see the EULA before installation.
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There is an 'EULA' document for many ordinary items, it's called a lawbook.
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It's actually quite simple. End User License Agreement--that says it all. You don't license a toaster, you actually own the thing. The company may throw in some silly warnings about not sticking stuff in there while it's on to cover liability issues, but they're not going to force you to enter what's basically an open-ended lease agreement because it's actually your property now.
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This inconsistency annoys me.
The next time I see a penny on the ground, I want to see a small folded-up piece of paper next to it, containing the following text:
IMPORTANT - READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you and the sidewalk located on the north side of 56th Street between 2nd Avenue and 3rd Avenue in New York, New York, USA ("Sidewalk") for the product provided with this notice ("product"). "Use" of this product includes accessing, claiming, storing, making a transaction with, or otherwise being involved in a situation that is influenced by the physical presence of this product. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY USING THE PRODUCT. IF YOU DO NOT AGREE, DO NOT USE THIS PRODUCT.
[yadda yadda yadda]
Sidewalk grants you a personal and commercial, exclusive license to use the product, for the sole purposes of financial gain, financial transactions, and demonstration of social status that arise from the use of the product. Sidewalk further grants you a personal and commercial, exclusive license to use the product to influence your financial status for any purposes.
[yadda yadda yadda]
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SIDEWALK BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY OF SIDEWALK, AND EVEN IF SIDEWALK OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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