[geoschmo]

Originally posted by rdouglass:
I was just asking if anyone actually had evidence of a time where an EULA did NOT hold up (in the U.S. please - I know many things are OK in other contries).

And how well do you really think the defence "Well, I really didn't understand the fine print..." will hold up in court? In fact, a company in Texas was recently fined $173,000 for failing to comply with an EULA. If it was possible to circumvent the EULA, don't you think they would have tried?!?!?

I have a suspicion that saying a EULA is not legally enforceable is about like saying we aren't required by the constitution to pay income taxes. You might be able to make it sound all good and proper talking about it here in the forum but it's not going to fly in a real court.

Companies are all the time being hit with license fees for improperly copying software on different workstations. I have never heard of one of those being thrown out of court because the EULA wasn't legally binding. The reason the software compnies don't come after individual Users more is the cost of taking them to court is more then they will recover, and the bad press that it will generate.

Geoschmo