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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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Click throught EULA not enforceable here (UK) | 559 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
..new "EULA" theory on contract law? ;o)
Authored by: Anonymous on Wednesday, January 16 2013 @ 10:18 PM EST
Hi arnt,

"..if they are "violated" as in breached, these contracts
may be enforced if they are reasonable under contract law.

.."copyright violations" is a completely different animal
..."

I am not a lawyer, don't have money to find out, don't have
legal friends to find out for me. It would be a great
relief if what you suggest turns out to be true.
Unfortunately it goes against things I have read on the net,
and here in Groklaw.

Do you take your position from known facts, or are you
guessing like me?

The theory I have heard is that you may not run a program
unless you have the permission of the IP owner. Once you
breach the EULA, you no longer have permission, and hence
have a copyright problem.

The strongest bit of evidence that contract rules play at
best a bit part is the Microsoft EULA for Windows 7. In
that beautiful piece of work the contract is between you and
the computer box builder that installs Windows. Apparently
MS wants no part of the contract. Somehow it is a
hinderance, or even a liability to be connected to a
contract. "We don't need no stinkin contract!"

Once you violate the EULA, you lose the right to run the
program, and are a copyright violator. The contract is only
a tripwire to allow the joys of being able bring the
crushing power of copyright law into the picture.

If you have any evidence that refutes this, I am most
anxious to see it.

--

Bondfire

[ Reply to This | Parent | # ]

Click throught EULA not enforceable here (UK)
Authored by: Anonymous on Thursday, January 17 2013 @ 10:40 AM EST
If you don't see it before you've paid for the item there is no agreement and no
contract.

[ Reply to This | Parent | # ]

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