EULAs (Was: Re: XP Performance)

[Richard Edelman]

A while back I found somewhere on the Kansas government website a law/statute 
regarding End User Licensing Agreements. Basically, the law states that if 
before the transaction (exchange of money) takes place, you cannot see all 
the licensing agreements/contracts, a sale has taken place. As such, any EULA 
is void, and you can do whatever you wish with the software; it's yours. 
However, if you are able to see all the agreements/contracts, regardless of 
if you read them or not, a sale has not taken place; you are licensing the 
software and are bound by the EULA.

Now, being as most software with EULAs are of the click-through type, that 
software is yours and the EULA carries no weight at all. I was quite 
surprised when I saw this law, but I have a feeling many companies don't know 
about it at all, nor do they entirely care. 

Of course, IANAL.

Rich

On Tuesday 04 December 2001 07:57 pm, Edgar Allen wrote:
> >them know I'm there.  The worst part is I reinstall my PC and change
> >hardware all the time, and this will require me to call a support phone
> >number to get a new key.  MS says that they will have this 24/7, but
> >that will only last so long, or the call wait time will increase to a
> >point that I just don't install it, or I go buy a new copy.  That is my
> >complaint over XP.
>
> The EULA for XP has you agreeing that you will allow them to "upgrade"
> any of your software at any time without notification or approval by you
> at the time.
>
> So when they decide that it is time for you to pay for whatever is to
> replace XP they can just "update" a few DLLs so it no longer boots, you
> have already given your permission.
>
>