[OT] EULA and legality

Richard Gaskin ambassador at fourthworld.com
Wed Sep 12 09:24:06 EDT 2012


Peter Alcibiades wrote:

> The question isn't whether EULAs are contractually enforceable.  As a class,
> the answer is that they are.  That means that consenting to them can lead to
> a valid entry into a contract.  CAN.  That is not an issue.
>
> The question is whether some particular terms in a contract, whether entered
> into by EULA or other means, are enforceable and lawful in the jurisdiction
> one lives in.

That's one question, and it may be interesting to see how it plays out 
if Apple ever enforces the "Apple branded hardware" clause in their EULA.

But that particular question can only be answered by a court.

There are other questions we can answer for ourselves, like:

Do we want to enter into a relationship with a vendor who has already 
clearly expressed in writing that they don't want us?

Forcing someone into a relationship just makes for an unhealthy 
relationship.

There are other fish in the sea.

Choose one.  Be happy.

--
  Richard Gaskin
  Fourth World
  LiveCode training and consulting: http://www.fourthworld.com
  Webzine for LiveCode developers: http://www.LiveCodeJournal.com
  Follow me on Twitter:  http://twitter.com/FourthWorldSys




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