[Dshield] Sony "rootkit" EULA

Wes S wess at acegroup.cc
Sun Nov 6 05:11:40 GMT 2005


On 1 Nov 2005 at 14:13, Hardenbergh, John H, ALABS wrote:

> 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.
> 
> JHH

So if say your 8 year old child puts the CD in is that minor child 
bound by the agreement.  I don't think a child could bind the parent 
to a legal agreement.

Now say I take the same cd to work and pop it in the cd drive, did my 
fortune 500 employeer become bound by the EULA.  I don't think so.  I 
can't sign contracts for the company.

My uncle is a computer dummy.  I often install software for him 
(legal stuff), I click through the agreements.  It isn't my computer, 
I have no way to enforce the EULA if I cared and he never read the 
EULA.

I just don't understand this.  If I buy a house or sell a property, I 
have to sign a bunch of stuff to have a record that I and the other 
party agreed on conditions.  In the case of a EULA, a click just 
doesn't seem to meet the standard of a properly executed contract.  

I've never seen a copy of my eula mailed to me for signing except in 
the case of some very expensive business edi stuff.  Now there they 
seemed to want to dot the i's and cross the t's.   I think that was a 
properly executed contract.

 Wes S




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