02-12-2003, 02:30 AM
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Editor Emeritus
Join Date: Aug 2006
Posts: 15,171
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Lawsuit Challenges Embedded EULAs
Here's a pet peeve of mine: the idea that an EULA is enforceable even if you can't read it before you open the package! I just picked up a copy of Windows XP Professional Upgrade for a machine I was fixing today, and (from CompUSA at least) it comes in this plastic container which is a royal pain to open, and contains a cardboard box with 80% of empty space inside it. The outside of the box says nothing about the license, but by the time I get to read it (after booting the CD) it's already too late to return. I'm glad to see someone finally complain...
"A California woman is suing Microsoft, Symantec and some software retailers, claiming the companies 'concocted a scheme' to mislead consumers by requiring them to consent to software licensing agreements they haven't read.
The suit, filed Friday in Marin County Superior Court in San Rafael, Calif., seeks class-action status on behalf of all Californians who've bought software including Norton Antivirus 2002, Norton Systemworks and Windows XP Upgrade.
Specifically, the suit, which was brought by Cathy Baker, claims that Microsoft, Symantec, CompUSA, Best Buy and other unnamed retailers don't allow people to read 'shrink wrap' licenses--agreements printed inside the box or incorporated into the software itself--before they buy a product."
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02-12-2003, 04:28 AM
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Pontificator
Join Date: Feb 2002
Posts: 1,023
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I'm sure there's some legal merit behind this... but it makes even ME feel like I have a life. Big surprise it's a woman in CA.
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02-12-2003, 04:42 AM
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Thinker
Join Date: Feb 2002
Posts: 360
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OK Everyone knows what an EEULA is if you buy software....
Still.. how do I get in on this suit!!!
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02-12-2003, 04:52 AM
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Intellectual
Join Date: May 2005
Posts: 215
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I just hope this brings on some EULA reform...
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02-12-2003, 05:13 AM
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Pupil
Join Date: Jan 2003
Posts: 14
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Ya know, they could get around this quite cheaply by simply putting a plainly visible website address you can go to to view the EULA. That way, they still get to seal up their product and they don't have to put any extra money into packaging (i.e. paying for the printed EULAs).
P.S. The reason many retailers put some high-dollar products in the blister packaging is so that they have the freedom of putting that product out on the sales floor in mass quantities without working (as much) about theft.
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02-12-2003, 08:47 AM
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Neophyte
Join Date: Dec 2002
Posts: 2
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Sneaky EULA's
Microsoft is notorious for sneaking in EULAs... IE Win2k service pack 3. In order to fix security bugs in the faulty software they sold you, you have to agree to some new license agreement. what BULLSH*T!
-j
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02-12-2003, 12:47 PM
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Philosopher
Join Date: Jan 2003
Posts: 539
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i bet that lady never REALLY read a EULA. hehe 
god bless america. where anyone sue anyone over anything.
jeezus !
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02-12-2003, 04:01 PM
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Thinker
Join Date: Feb 2002
Posts: 360
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EULAs do kinda suck. You can not read it before you buy the software. And once you buy and open Software you can't take it back. So you either agree or get skrewd.
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02-12-2003, 05:50 PM
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Sage
Join Date: Mar 2004
Posts: 717
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Why didn't I think of this, oh yeah I did but in Canada it is still a wild wild west when it comes to any sensible lawmaking. Time to get that greencard and claim my $20 from RIAA and maybe this as well.
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02-12-2003, 06:42 PM
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Pontificator
Join Date: Mar 2002
Posts: 1,329
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You guys should do a poll on the site asking if you read your EULA when you install your software.
I'm willing to bet a good majority of PPCT users don't.
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