[Dshield] Sony "rootkit" EULA

Tim Hollebeek tholleb at teknowledge.com
Tue Nov 1 20:39:40 GMT 2005


 
> Here's the line I love.
>  
> "YOU HEREBY WAIVE ALL RIGHTS AND/OR ENTITLEMENT TO TRIAL BY 
> JURY IN CONNECTION WITH ANY DISPUTE THAT ARISES OUT OF OR 
> RELATES IN ANY WAY TO THIS EULA OR THE SOFTWARE"
> 
> So after you trash your machine trying to de-install the 
> software and even if you think you still have a case against 
> them after reading all the liability fine print, you will 
> never see the inside of a court room.

IANAL, but:

Whether you see the inside of a court room is governed by
applicable laws, not EULA texts.  Sony doesn't get to write
arbitrary laws and get them enforced (the efforts of Sen. Hatch
notwithstanding ...), and courts have often (but not often
enough) taken a rather dim view of such sweeping assertions.

The really scary thing, though, is that the DMCA could be read
in such a way that attempting to de-install the software, or
even just reverse engineering it in order to see how it worked,
could be considered a crime.

-Tim




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