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| Authored by: mcinsand on Wednesday, May 02 2012 @ 10:59 AM EDT |
>>They are also not legal in most civilized countries.
Maybe we have just lost our civilization. Even so, to make matters worse, an
illegal agreement can still be prohibitively difficult to oppose. For example,
automatically-renewed contracts are illegal in my state, but arguing the point
is usually far more expensive than buckling. For example, one nefarious alarm
monitoring service (I'll just give their initials... ADT) has a policy of
automatically renewing the annual contract if you do not call when the contract
is up to cancel it. That is illegal in my state, but spending thousands of
dollars and the hours to fight it is hard to justify when the contract will cost
a few hundred for the year.
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| Authored by: DieterWasDriving on Wednesday, May 02 2012 @ 03:29 PM EDT |
By "not legal" you mean "not enforceable".
But "not enforceable" still requires an expensive legal challenge.
Contract terms are presumed valid, and you have to show they violate the laws or
regulations of the state you are in. It would have to be an especially obvious
violation to recover your legal fees.
Reforming the abuses of EULA terms and other contracts of adhesion would be
difficult. Perhaps the courts could apply tests. Contracts that need to be
agreed to on the spot, such car rentals and click-through EULAs should not
require a lawyer to understand the terms, and be simple enough to understand
given the nature of the contract. If it takes 10 minutes to buy a cell phone,
it should not take several hours to read the contract. An overly-long or
complex contract should only be enforceable to the extent that the buried
details are fair, reasonable and reasonably expected.
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| Authored by: Anonymous on Wednesday, May 02 2012 @ 05:17 PM EDT |
| If only the act of creating "illegal" EULA's were considered criminal. [ Reply to This | Parent | # ]
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