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A meeting of the minds isn't possible anyway[ Parent ] (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 ]


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