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.

13 years ago*

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Lawyers, that is all.

13 years ago
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-.-

13 years ago
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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.

13 years ago
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EULA's are not legal in most countries... Primarily because you aren't shown them before purchasing the item.

13 years ago
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What about for free software?

13 years ago
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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.

13 years ago
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And in normally readable font; no size-2 nonsense.

13 years ago
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Speaking of size 2 font, how in the frakking hell is it legal throw up 300 words in size 2 font for 2 secs and expect everyone to read that crap? Even on a 72inch tv screen in HD with the ad paused its frakking hard to read that bs.

13 years ago
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That's like...worse than a YouTube Poop easter egg.

13 years ago
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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.

13 years ago
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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?

13 years ago
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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.

13 years ago
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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.

13 years ago
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Yes, you need to pay for words. I am a licenced collector, please send $250 to my paypal account.

13 years ago
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You didn't show JooJooFace the EULA first. Or are you going to accuse JJF of pirating your words?

13 years ago
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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.

13 years ago
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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.

13 years ago
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icwatudidthar.png

13 years ago
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You can't be mad at him, 'cause if hmunkey liked it then he shoulda've put a ®ing on it.

13 years ago
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win, +1

13 years ago
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Reminds me of the recent Hasbro incident where they got in trouble for using the name "Derpy", as Derp Clothing had trademarked the word...

13 years ago
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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.

13 years ago
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Heck naw.
Unless EULAs are actually made readable without the excessive legalese, i don't want to see them EVERYWHERE.
(And i'm not sure if i want every seller/manufacturer to abandon responsibility for their products).

13 years ago
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All companies might as well just include a little paper instead of a booklet for the EULA. It should read
Use this product however the frak you want, but you agree to never be able sue anyone related to this product.

13 years ago
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There is an 'EULA' document for many ordinary items, it's called a lawbook.

13 years ago
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ELUA's exist for goods

They're called WARRANTIES

13 years ago
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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.

13 years ago
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Closed 13 years ago by QuintSakugarne.