On Thu, 14 Dec 2000, Jens Benecke wrote:
> Unless you actually signed something on paper the moment you bought the
> software, that said as much, you are free to do as you please. "Click here
> to agree" type of EULAs aren't worth crap, and "You agree to the licence by
> opening the software package" is actually worth even less, strictly legally
> speaking.
>
> Of course, in worst case you'd have to defend this (correct) position
> against Microsoft's fat lawyers, which I wouldn't do voluntarily no matter
> who is right.
it's not at all clear that you want to tangle with anyone over the
defensibility of shrink-wrapped licenses. even worse, the UCITA
legislation that has been enacted in maryland *does* enforce the
power of shrink-wrap licenses. not to mention making reverse
engineering illegal. and a lot of other things that benefit the
big software vendors at the expense of the consumer.
the trend with legislation like UCITA is to treat software no
longer like a purchase, but rather as if the vendor *licensed*
the software to you and has the right to revoke the license
whenever they want.
so it may well be that gateway has the right to tell you exactly
how you can and cannot use the software you got from them.
this, of course, sucks.
rday
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