OT: An Interesting Read About Bit-Torrents

[Fyron]

narf poit chez BOOM said:
According to some EULA's, clicking the 'I Agree' button is the same as your legal signature.

Which in reality it isn't... most EULAs contain illegal clauses...

[Nodachi]

Atrocities asked:
How do you sign a CD?

That's a good point. You can't agree to the EULA of a store bought game or app until after you've purchased it. If you don't agree to the EULA you've just wasted your money because you can't return opened software.

Geo asked:
What I am asking is, do you have a right that you are losing here?

By legal precedent, yes. According to Title 17 Chapter 1 of the US code, also yes.

Geo queried:
That's what I mean when I ask if this is an inalienable right.

Inalienable, well... depends on who you ask. Some hold that it is a part of free speech and therefor it would be. I'm not sure if I would take it that far.

[deccan]

Nodachi said:
If you don't agree to the EULA you've just wasted your money because you can't return opened software.

Wikipedia has a page on EULA:

Software license

It says:

Assuming that publishers follow the correct procedures (such as giving the user the right to return the software for a refund), EULA licenses are generally enforceable. See ProCD v. Zeidenberg, 86 F.3d 1447 (7th Cir. 1996)

[Nodachi]

So if they don't follow correct procedures with the EULA the license is no good and you can do whatever you want with the software? I'd hate to see that go to court in today's legal environment.

[Jack Simth]

Not whatever you want, as copyright and patent are law still in full effect as applicable, but the standard stuff you would be both able and permitted to do with a book you purchased, yeah.

[Mephisto]

The whole issue about copyright varies from country to country.
EULAs for example are widely not enforceable in the EU. Simply put, you already bought the software, the whole sales agreement was done in the shop (or where ever) and the EULA is just a try to alter this agreement. If you don't agree then the EULA will not become valid.
Clicking the "ok" button does not signal agreement. You own the software. You have already bought every right to use it. Preventing you from using the software before agreeing to EULA (and therefore altering the already existing agreement) is just blackmail.
Similar you have a right to copy software or music for your own use. You bought it. You own it. With ownership comes the right to do with a thing as you please (even destroying it). Preventing you from copying or selling it is interfering with your ownership.
Your right as an owner however is limited by copyright laws which try to balance the issue. Therefore you are only allowed to copy it for your own use, sell it if you don't keep a copy and prevent your from de-compiling it if the creator did not install program parts that interfere with your fair use.