[ros-dev] EULAs == VALID

K McI uniq at wwsvr.bounceme.net
Sun Oct 3 01:42:35 CEST 2004


True it's depressing, but NLSs have been found unconstitutional and 
Diebold @ fault, so it's not a complete wash. And there are appeals, and 
other states in the world ;). We can hope...

Alex Ionescu wrote:
>  /The EFF reported <http://eff.org/news/archives/2004_09.php#001962> 
> that the Vivendi/Blizzard vs. the good guys case has been decided, and 
> it doesn't look good. Some highlights from the ruling 
> <http://www.freedom-to-tinker.com/doc/2004/bnetd_30sep.pdf> are: A 
> clickthrough EULA isn't unconscionable (and thus enforceable); Fair Use 
> rights can be waived in a EULA; First Sale rights (!) can be waived in a 
> EULA; The DMCA's interoperability provisions are not a defense. If this 
> ruling is allowed to stand, it will allow one-sided EULAs to force the 
> waiver of the rights of First Sale and Fair Use.



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