Gawain opened this issue on Aug 06, 2009 · 18 posts
geoegress posted Fri, 07 August 2009 at 7:37 AM
Good morning Doran :)
I'm not talking about the 'content' of any specific EULA. That is up to the buyer to understand and use. You know most of these are writen by non lawyers. Even the one's that get reviewed by lawyers often have legal flaws that could negate them in a court.
***"Never ask a barber if you need a hair cut"
*Company lawyers are some of the most agreeable people, especially to there own boss's when a fee is involved. lol
Here is an example. The EULA says you may have ONLY one copy on your machine. But if you unzip it you end up with 2 copies. And if you unzip to a dummy folder first (like all of us old timers do) and copy it into your runtime, you end up with 3 copies.
Are you then required to delete the zip?
Now, you know what they mean, and I know what they mean---but in the law it's a very unclear requirement that all judges would toss as a violation of the 'fair use doctrine'.
This would also apply to TrekkieGrrrl's question. Under fair use you can not be restricted on who may or may not use your computer or it's content.
For the most part a merchant can put in almost any restriction they want. And the courts will follow the 'contract' involved.
But even contracts have legal limits and generalized rules that they must follow or be declared invaled.
It's up to you to understand the EULA.
Or challenge.
Here's another example that I've done myself.
I've had products that have run there life cycle in the MP. Later on I've decided to give them away in free stuff. I'f you bought it the license in the zip applies. If you got the free one the other license applies. Same content- different rules. But the newest can never over rule the original and the original can not over rule the free license.
Any more then a license from here can be over ruled by the license from DAZ.