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post #41 of 43 (permalink) Old 03-20-12, 11:34 PM
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Not so Lokis

On the uber fine print of my Crysis 2 box " acceptance of EULA agreement required for play"
On my HALO box "You must accept the enclosed License Agreement before you can use this product"
and many others have similar caveats on their use. Pretty sure all EULA's say that if you don't accept then you are do de-install and return the product for a full refund.

If you sell me you car and say "there are some additional requirements to the use of the car that are written on the owners manual" and I don't ask what they are, then I can hardly claim you have added extra items to the contract after the execution of the contract.

I'd be interested to read the transcripts of the Canadian court proceedings in relation to these EULA's
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post #42 of 43 (permalink) Old 03-21-12, 12:15 AM
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Quote:
Originally Posted by Magpie_Oz View Post
Not so Lokis

On the uber fine print of my Crysis 2 box " acceptance of EULA agreement required for play"
On my HALO box "You must accept the enclosed License Agreement before you can use this product"
and many others have similar caveats on their use. Pretty sure all EULA's say that if you don't accept then you are do de-install and return the product for a full refund.



If you sell me you car and say "there are some additional requirements to the use of the car that are written on the owners manual" and I don't ask what they are, then I can hardly claim you have added extra items to the contract after the execution of the contract.

This is true and not true at the same time.

I'd be interested to read the transcripts of the Canadian court proceedings in relation to these EULA's
None that I know of in Canada, but here is a link that cites a few from the states:

https://freedom-to-tinker.com/blog/s...-takes-it-chin

Here is a link to a few other cases:

http://en.wikipedia.org/wiki/End-user_license_agreement

Not a huge fan of wiki because it can be untrustworthy, but you can track down the cases and read them if you want. I just spent the last 12 hours studying law and am not in a quicklaw sort of mood.

I also heard, but can't find information about a video game EULA getting struck down in Australia. Not just the class action one, but one relating to the topic as I posted it earlier.

As to your examples, at least in the simplest forms in Canadian common law, those comments on the boxes would have to be obvious to see. If they are not, then they might not be enforceable.

There is an semi-accepted notion that people don't read small print, so if the small print is too strict, it can be voided or interpreted in a way that is favourable to the person buying it. Any conditions that would be burdensome to an individual has to be spelt out pretty clearly/brought to the persons attention in no uncertain terms or risk being nixed. Hiding nasty terms in pages and pages of legalese counts as being to hard to find and understand for the lay person.

However, the average person can't afford to actually litigate this and companies count on this in creating EULAs. When they are struck down, the companies turn around and write new ones that are different enough that it would have to be litigated again.

Anyway, shouldn't have hijacked the thread. I don't mind talking about this in a PM if you are still interested. That whole licences vs sale thing is a bunch of BS designed to screw people out of ownership of what they buy. Annoys the crap out of me.


Last edited by lokis222; 03-21-12 at 12:21 AM.
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post #43 of 43 (permalink) Old 03-21-12, 09:16 AM
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No EULA case has ever been prosecuted successfully as far as I know. That's because they EULA is inside the package so you cannot agree to the terms of it until you're purchased it, by which time it's too late.

Aramoro

"Violence isn't the answer, I just like getting it wrong on purpose"

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