[OT] EULA and legality
bobs at twft.com
Mon Sep 10 13:15:07 EDT 2012
While I am not a big fan of EULA's, there mere existence is a testament to how people will, if they are allowed, take something they never paid for, and use it, giving what they took to everyone they know, or don't know, often for their own gain, whether in currency or for accolade.
EULA's are a way of stating their legal position, so that if it ever came down to it where someone was doing them real damage, they could take legal action. In fact, I view all contracts in this day and age, not as a means to control human behavior, but as a way to reserve the right for the author/owner to protect their property. I guess you could boil it all down to the statement, "We reserve the right to engage in legal recourse, should anyone use what we sold them in a manner they did not agree to."
I also think EULA's are so incredibly severe as a result of today's lawyers amazing capacity for finding the least little loophole in the specific wording of a contract so as to convince a judge or panel that the contract does not in fact say what it seems to be saying.
On Sep 9, 2012, at 11:45 AM, Ken Corey wrote:
> We all know companies make the T's & C's to suit themselves as much as possible, giving as little as possible while gaining as much as possible.
> I feel that EULAs, copyright and patent laws have gone well beyond too far. They have gone so far that corporations are far more important than people, than facts, than truth (not capitalised). Their lawyers rewrite history, twist laws, and jeopardise markets.
> They are morally indefensible in this day where we must use technology to get things done.
> Personally, I don't pay too awful much attention to EULAs. I prefer common sense. Personal use, don't destroy other's businesses. I do wish others felt the same way.
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