[PvK]

Originally posted by rdouglass:

quote:

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Originally posted by Imperator Fyron:
It does not matter what it says in the EULA. None of them are enforceable. Nothing it says in them matters.

How can you say this? What evidence do you have to prove this? AFAIK it always holds up 'cause you have a choice.

Please show me where there is evidence backing this piosition....

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The burden of proof is for the enforcer. You can't prove that any particular person clicked the "I agree" button, opened the seal on an envelope, or otherwise agreed to a EULA without a signed contract. It's not a contract, it's a cheap trick. Maybe some lawyers can make it stick in some cases, but it's still a cheap trick.

Moreover, I agree with the sentiment that many contracts are invalid, according to my own moral standards, because frequently they are many pages of attrocious legalese and are given with the expectation that the signer will not sit there for an hour trying to understand it before signing it. Often such contracts are used by an entire industry, forcing people who need even a basic service (such as housing, or medical services) to accept, or be excuded from something they need. Perhaps not legally, but morally, I see this as unfair bullying by the people offering the contract. Some may say that it's the victims' responsibility, or society's responsibility, to object, and if they get hurt by this, it's the fault of their own complacency. There's some validity to that, but it's akin to saying that mugging victims deserve what they get for not being properly armed or staying home. The system could be changed to make things better for everyone, but again, the people who care about it the most and have the most attention, knowledge, money and power to bear on the problem, are those who stand to gain by continuing to exploit the status quo and perpetuating it as long as possible.

PvK