Kaihean opened this issue on Dec 18, 2011 ยท 87 posts
SamTherapy posted Tue, 20 December 2011 at 8:48 PM
Quote - > Quote - Specifically, in English law at least, a EULA cannot grant rights to commit an illegal act, (in your example, murder) nor can it enforce an illegal condition on the purchaser. Since contracts can be challenged in court, and to this date a standard EULA for software has never been successfully challenged, your comparison is invalid, not a fair comparison and quite a bit silly.
I shall change a little my EULA:
"You cannot use a knife from SicoKnivesCorp to kill people"
Now you are in your home and a bandit invade your home and attack your wife, you take the purchased knife and kill the bandit. You have violated the EULA and so, you are a criminal.
The Constitution grants you the right of self defense, and you have used your Constitutional right. But the EULA denies you this right. As the Constitution is above any EULA, this EULA clause has no legal value and you are not a criminal.
What constitution? The US one doesn't apply in my country. In any case, a violation of a EULA is not a criminal act, it's a civil matter. You should also consider a EULA wouldn't apply to a physical object such as a kitchen knife. That is a sale of a genuine, physical object as opposed to the license to use a piece of software. Any rights you have regarding the knife would be covered in the warranty but would not supercede rights in law. Likewise, no EULA can take away your rights in law, nor make you liable for any actions beyond the scope of its original intent. Anyhow, I'm done discussing this matter with you because you wheel out this old crap every time the matter of copyright comes up and hey, you're always wrong. Since I know you're an intelligent guy, the only conclusion I can come to is you're trolling and, as per the TOS here, I ain't feeding the trolls.
Coppula eam se non posit acceptera jocularum.