Comments on: Of licensing agreements and such http://www.asktheadmin.com/2008/08/of-licensing-agreements-and-such.html Fri, 03 Feb 2012 06:08:50 +0000 hourly 1 http://wordpress.org/?v=3.3 By: Karl L. Gechlik | AskTheAdmin.com http://www.asktheadmin.com/2008/08/of-licensing-agreements-and-such.html/comment-page-1#comment-8029 Karl L. Gechlik | AskTheAdmin.com Mon, 25 Aug 2008 20:29:43 +0000 http://www.asktheadmin.com/?p=1873#comment-8029 I think EULAs are just a way to scare your average user and to have a document to wave around in case it comes down to a law suit. But some of the stuff I see in these things are hysterical. I am going to put a sign on my front lawn stating that if you are reading this I am now entitled to 20% of your net worth. I know you move your lips when you talk so it's a verbal agreement! And as Homer would say... Patent-pending, Patent Pending, Patent-Pending :) I think EULAs are just a way to scare your average user and to have a document to wave around in case it comes down to a law suit.

But some of the stuff I see in these things are hysterical.

I am going to put a sign on my front lawn stating that if you are reading this I am now entitled to 20% of your net worth. I know you move your lips when you talk so it’s a verbal agreement!

And as Homer would say… Patent-pending, Patent Pending, Patent-Pending :)

]]> By: Chris http://www.asktheadmin.com/2008/08/of-licensing-agreements-and-such.html/comment-page-1#comment-8026 Chris Mon, 25 Aug 2008 18:31:36 +0000 http://www.asktheadmin.com/?p=1873#comment-8026 There is an open question about whether the first sale doctrine actually applies here -- that's why EULAs commonly say something like "This software is licensed, not sold." And, then there's a completely separate question about whether the license is enforceable as a contract -- assuming that you actually own (and not just license) the copy, does clicking on "I Accept" have any legal effect? It's still a murky area of law. There is an open question about whether the first sale doctrine actually applies here — that’s why EULAs commonly say something like “This software is licensed, not sold.” And, then there’s a completely separate question about whether the license is enforceable as a contract — assuming that you actually own (and not just license) the copy, does clicking on “I Accept” have any legal effect?

It’s still a murky area of law.

]]> By: NinjaAdmin http://www.asktheadmin.com/2008/08/of-licensing-agreements-and-such.html/comment-page-1#comment-8025 NinjaAdmin Mon, 25 Aug 2008 17:00:14 +0000 http://www.asktheadmin.com/?p=1873#comment-8025 Buy n Large will share your personal information with third parties whenever it deems such sharing to be advantageous to it, including when you engage in certain activities on our site such as using a menu, viewing, clicking your mouse or breathing. Buy n Large will also share your personal information when you respond to promotional materials from Buy n Large and authorize a third party to use your personal information for purposes such as, for example, sending you additional promotional materials that further obligate you (and your family) to receive additional promotional materials, providing you a product or service, or entering you in a contest, sweepstakes or game that will usually require a financial obligation on the part of the user. By visiting Buy n Large you are contractually obligated to read all email that is sent to you via the Buy n Large servers. Failure to do so will be considered of a breach of contract. We automatically log all information about your computer's connection to the Internet, which we call "Buy n Large Property". Buy n Large Property consists of things such as IP address, operating system and type of browser software being used and the activities conducted by the user while on our site (or other sites). We may also use some of the Buy n Large Property, such as the pages you visited on our site (or other sites), to send you e-mail messages (such as "Buy n Large requires you to join our Buy n Large Corporate Street Team. Failure to do so will result in legal action") focused on products that we feel you should (or must) be interested in and now are contractually obligated to be interested in. http://www.boingboing.net/2007/11/28/pixars-funny-eula-fo.html Buy n Large will share your personal information with third parties whenever it deems such sharing to be advantageous to it, including when you engage in certain activities on our site such as using a menu, viewing, clicking your mouse or breathing. Buy n Large will also share your personal information when you respond to promotional materials from Buy n Large and authorize a third party to use your personal information for purposes such as, for example, sending you additional promotional materials that further obligate you (and your family) to receive additional promotional materials, providing you a product or service, or entering you in a contest, sweepstakes or game that will usually require a financial obligation on the part of the user.

By visiting Buy n Large you are contractually obligated to read all email that is sent to you via the Buy n Large servers. Failure to do so will be considered of a breach of contract.

We automatically log all information about your computer’s connection to the Internet, which we call “Buy n Large Property”. Buy n Large Property consists of things such as IP address, operating system and type of browser software being used and the activities conducted by the user while on our site (or other sites). We may also use some of the Buy n Large Property, such as the pages you visited on our site (or other sites), to send you e-mail messages (such as “Buy n Large requires you to join our Buy n Large Corporate Street Team. Failure to do so will result in legal action”) focused on products that we feel you should (or must) be interested in and now are contractually obligated to be interested in.

http://www.boingboing.net/2007/11/28/pixars-funny-eula-fo.html

]]> By: Rarst http://www.asktheadmin.com/2008/08/of-licensing-agreements-and-such.html/comment-page-1#comment-8011 Rarst Sun, 24 Aug 2008 20:39:48 +0000 http://www.asktheadmin.com/?p=1873#comment-8011 I've looked at Microsoft EULA once... Stopped reading when I reached increadibly useful info that I should be happy that I am not obliged to buy separate license for every monitor I run it on. :) I’ve looked at Microsoft EULA once… Stopped reading when I reached increadibly useful info that I should be happy that I am not obliged to buy separate license for every monitor I run it on. :)

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