INFOWORLD GRIPE LINE BY ED FOSTER Bookmark this page

  
Display: Sort:
Battle Lines Being Drawn | 25 comments (25 topical) | Post A Comment
A meeting of the minds isn't possible anyway[ Parent | Reply to This ] (none / 0) (#5)
by Anonymous User on Fri Feb 18, 2005 at 07:24:01 PM PDT

A consumer who reads and dislikes the EULA can't negotiate for better terms anyway, since there is no negotiating or haggling in a mass-market transaction. This seems to me to mean that mass-market transactions are sales, not licensings, and governed by applicable laws, and EULAs, even seen as conditions of sale, are not enforceable under first sale doctrine and other notions. Only individualized transactions (as sometimes happens with b2b software licensing) might be licensing arrangements that fall under the jurisdiction of contract law, and typically there the lawyers of both sides hash out a mutually agreeable deal. One-sided "These are the terms -- take it or shop elsewhere, oh, but since we hold the copyright and therefore a state-sanctioned monopoly on this product, I guess what we really mean is take it or leave it" type "agreements" cannot be enforceable in a free and just society.

[ Parent | Reply to This ]


Battle Lines Being Drawn | 25 comments (25 topical) | Post A Comment
Display: Sort:

Menu
· create account
· faq
· search

Login
Make a new account
Username:
Password:

 HOME  NEWS  COLUMNS  BLOGS  PODCASTS  TECHNOLOGIES  TEST CENTER  EVENTS  CAREERS  IT EXEC-CONNECT   About Awards Contact Us 

Copyright © 2006, Reprints, Permissions, Licensing, IDG Network, Privacy Policy.
All Rights reserved. InfoWorld is a leading publisher of technology information and product reviews on topics including viruses,
phishing, worms, firewalls, security, servers, storage, networking, wireless, databases, and web services.

 ComputerWorld :: LinuxWorld :: Network World :: CIO :: PC World :: Darwin :: CMO :: CSO
IT Careers :: JavaWorld :: Macworld :: Mac Central :: Playlist :: GamePro :: GameStar :: Gamerhelp
ITWorld Canada :: Computerwoche :: Techworld UK :: tecChannel :: IDG.se :: IDG.no :: IDG.pl

create account | faq | search