I wonder if you are deemed to have accepted a click-wrap license if software requiring a click-wrap appears on your machine? Have you agreed to every license which was clicked past on your machine? What if an employee with no authority to bind the company to a contract clicked? What if someone who has no ability to enter into a contract clicked (e.g. your kid)? What if a repairman clicked? Or the cable guy clicked? In the various cases which are claimed as precedent, did the judge get asked these hard questions? -russ
http://ask.slashdot.org/article.pl?sid=02/10/26/2311244&mode=thread&tid=172&threshold=2 Posted by Cliff on Monday October 28, @08:33AM from the fishy-practices dept. {e}N0S asks: "The cable guy came over to install a cable modem at my Dad's house. As I watched him do his stuff I noticed he was installing something called Broadjump Client Foundation. I know you don't need software for a cable modem to work so I asked if it was necessary. He said he had to do his list of things, and we had to sign that he did his list of things, otherwise he couldn't leave it with us to use. Since I can always remove the software, I agreed, but I noticed while he was flipping through the install, he was clicking 'agree' on every EULA that came up. Doing a search on Google for 'Broadjump Client Foundation' comes up with some pretty scary stuff as far as what it does, like: 'Builds a database of subscriber demographics and buying behaviors to help evolve and refine marketing efforts.' Now, how does this affect us? Neither myself or anyone in my family agreed to the software; the cable guy did. And is there anyway to get cable companies to stop doing this as I can imagine since the cable company is a monopoly in this town, that the percentage of people who still have this software on their computers is pretty high." -- -russ nelson http://russnelson.com | Crynwr sells support for free software | PGPok | businesses persuade 521 Pleasant Valley Rd. | +1 315 268 1925 voice | governments coerce Potsdam, NY 13676-3213 | +1 315 268 9201 FAX | -- license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3
