[OT] EULA and legality

François Chaplais francois.chaplais at mines-paristech.fr
Wed Sep 12 09:31:30 EDT 2012


as far as I understand, and for France only, laws are voted by the legislative branch, and decrees are issued by the executive branch. Decrees specify (or attempt to) how the law should be applied in practice. A law which does not have an applicative decrees will never be applied and is considered as good as dead. There have been numerous occasions where some parts of the "opinion" have pressured the executive branch (the government) not to issue a decree consecutive to a law because they considered the law to be unfair or whatever. This has succeeded in a very few cases.
As far a morality is concerned, this thing can be stretched in so many directions that I prefer not discuss of it on a mailing list.
Best,
	François
Le 11 sept. 2012 à 23:04, Richmond a écrit :

> Yes; generally one should obey the law, or, if one disagrees with the law and chooses to break it
> be prepared to take the legal consequences.
> 
> The question that I first raised involves all of these things; legality versus morality and more.
> 
> The fundamental question that nobody has answered properly is whether a EULA is legally
> binding.
> 
> Some people on the Use-List feel that it is immoral to disobey a EULA, some do not (I for one),
> while some feel it is illegal. Quite a few seem quite unable to distinguish between legality and morality.
> 
> You have, also made an interesting distinction between laws and decrees - the former, as far
> as I understand, being contractual, and the second being imposed. Now, EULAs might be seen
> as decretal to those living outwith the legal jurisdiction inwith they were drawn up, and as such,
> being non-contractual are not binding.





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