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License? Contract? Who cares?[ Parent ] (none / 0) (#4)
by Anonymous User on Tue Apr 12, 2005 at 11:12:16 AM PDT

License? Contract? Isn't that all just word games? A license is WORTHLESS if it is not backed up by a contract. It is the CONTRACT (an AGREEMENT BETWEEN PARTIES) and ONLY the contract that makes a license enforceable. If I have not AGREED to the license (which is the CONTRACT part), then I am not bound by the license. That is why the EULAs always say "Click here if you AGREE". AGREEING is the CONTRACT. But can a EULA BE a CONTRACT when it offers nothing NEW to a previous contract: the offering and ACCEPTANCE of money (which constitutes the original contract)? I am not a legal scholar, so I can't answer that question. If the vendor agrees to give a full refund (including shipping?) if you do not agree to the EULA, then perhaps a EULA is just an "understood" extension of the original purchase contract. BUT, if the vendor will not refund the purchase price which constituted the original contract, then it would seem that the EULA cannot be considered an acceptable (legal) extension of the original contract -- otherwise a vendor could put all manner of impossible terms in the EULA. And, isn't this really the reason for all this sturm and drang about EULAs? More and more often, vendors are adding more and more outrageous restrictions. So, does it all come down to: "Can a license [or a contract] actually legally take away rights?" Can it? Can I AGREE to sell myself into slavery? Would a court of law uphold such a contract? If not, where is the border between your rights and the limits to which you can VOLUNTARILY GIVE UP those rights? Anybody out there have an answer to this question?

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